A  SCHOOL  MANUAL 

lOK    Till-;    fSK    OK 

Officers  and  Teachers   tj /w  / 

IN  Tin; 

Public   Schools  of  California 


COMPRISING 

The  Constitution  of  the  United  States;  the  Constitution 
OF  California;  the  School  Law  of  California;  a  Digest 
OF  Decisions  rendered  by  the  Si  i'remk  Court  on  matters 
relating  to  the  Public  Schools;  Opinions  of  Attor- 
ney-Generals ON  School  Questions;  and  Oi'inions 
rendered  by  the  several  superintendents  of 
Public  Instruction  from  the  Adoption 
of  the  New  Constitution  to 
the  present  time. 


COM  PI  LK  I)    BY 

JAMES     WRIGHT     ANDERSON 

Sui'Kkinti:m)i:nt  oi-  Pip.lic  Instri-ction 


SACRAMENTO 
1893 


CorvRioiiT,    1803, 

BY 

James  Wkight  Anderson. 


l^lUltXLJ 


PREFACE. 


During  my  incumlienoy  as  Superintendent  of  Schools  in 
Sun  Francisco,  ami,  more  particularly,  during  the  time 
occupied  in  my  present  position,  have  I  felt  the  need  of  a 
reference  book  upon  matters  connected  with  the  laws 
governing  our  public  schools.  The  existence  of  this  need 
on  my  own  part  induced  me  to  undertake  the  compiling 
of  this  Manual.  Notwithstanding  my  long  experience  as 
a  teacher  both  in  public  and  private  schools,  I  found,  on 
assuming  the  discharge  of  duties  appertaining  to  the  Su- 
perintendency,  that  I  was  comparatively  unlettered  in  the 
law  under  which  our  public  schools  are  organized,  and 
that  I  knew  but  little  regarding  the  many  questions  that 
ave  continually  arising  relative  to  the  schools.  Feeling 
iny  own  need,  and  in  order  that  I  might  enable  mj'self  to 
reply  properly  to  the  many  and  varied  questions  which 
were  daily  presented  to  me,  I  compiled  for  my  own  use 
and  assistance  the  decisions  of  the  Supreme  Court  upon 
school  questions  since  the  organization  of  the  State;  also 
the  opinions  of  the  several  Attorney-Genei'als,  and  of  my 
|>redecessors  in  this  office.  These  I  have  diligently  and 
carefully  studied,  and,  having  derived  great  benefit  from 
the  study,  I  venture  to  give  opportunity  for  like  benefit 
t'>  others. 

That  there  is  great  need  on  the  part  of  school  officers 
and  teachers  for  a  more  thorough  umlerstanding  of  our 
school  law,  and  of  the  mode  of  applying  and  executing  it, 
there  can  be  no  doubt.  I  think  I  am  within  the  limits  of 
proper  moderation  in  saying  that  fully  one-half  of  the  time 


of  the  State  Superintendent  has  to  be  devoted  to  answer- 
ing interrogatories  presented  to  him  by  trustees  and 
teachers — ^  questions  not  difficult  to  answer  when  one  has 
the  assistance  of  a  proper  book  of  reference.  Even  our 
Superintendents  often  find  themselves  under  the  necessity 
»)f  seeking  information  from  the  State  Superintendent, 
simply  because  no  work  has  been,  at  any  time,  published, 
in  this  State  that  would  afibrd  the  desired  assistance. 

There  are  many  collateral  points  of  law  which  I  desired 
to  present ;  but  I  found  that  I  could  not  include  these 
MJthout  making  the  book  too  large  for  convenient  use. 
For  brevity's  sake,  also,  I  have  omitted  the  index  to  the 
Decisions  of  the  Supreme  Court,  and  to  the  Opinions  of 
the  Attorney-Generals.  The  opinions  expressed  by  my 
predecessors  and  myself,  I  have  collated  as  well  as  pos- 
sible under  proper  headings. 

The  volume  is  crude.  I  have  not  had  time  to  make  it 
any  better.  Such  as  it  is  I  send  it  out  in  the  hope  that 
it  may  serve  a  useful  purpose  in  aiding  our  Superintend'- 
ents,  our  Trustees,  and  our  Teachers,  in  obtaining  a  more 
complete  understanding  of  our  school  law,  and  in  relieving 
this  office  of  much  of  the  labor  now  imposed. 

.).  W.   ANDERSON, 

Su])criiit(',n(lent  of  rul)lit'  Iiistruction. 
Octoljcr  0th,  180.3. 


CONTENTS. 


Paffc 

Preface 3 

Index  to  Constitution  of  the  United  States 7 

Index  to  Constitution  of  the  State  of  California 13 

Constitution  of  the  United  States 21 

Amendments  to  Constitution  of  the  United  States 3S 

Constitution  of  the  State  of  California 4'\ 

Index  to  School  Law  of  California 115 

School  Law  of  California 144 

Supreme  Court  Decisions 239 

Opinions  of  Attorney-Generals 253 

Opinions  of  State  Superintendents 2S0 


INDEX  TO  CONSTITUTION  UNITED  STATES. 


Page. 

ARTICLE       I— Legislative   Department "21 

Article     TI— PIxkcl'tive  Department  29 

Article    III— Judicial  Department 33 

Article    IV— State  Acts 3-4 

Article     V— Amendments 3o 

A  rticle    VI— Promiscuous  Provisions  . .   36 

Article  VII— Ratification  of,  what  Necessary 37 

ARTICLE   I. 
legislative  department. 

Section  1.     Legislative  power,  Congress 21 

Section  2.     House  of  Representatives 21 

1.  Members,  when  and  by  whom  chosen 21 

2.  Qualifications 21 

3.  Apportionment  ol  Representatives,  and  di- 

rect taxes 21 

4.  Vacancies 22 

5.  Speaker.    Impeachment 22 

Section  3.    Senate 22 

1.  Senators 22 

2.  Divided  into  classes.     Vacancies 22 

3.  Qualiflcatioiis 23 

4.  President  of  Senate 23 

5.  Other  officers 23 

6.  Impeachment 23 

7.  Judgment  on  impeachment 23 

Section  4.     Congress. 24 

1.  Election  for  Senators  and  Representatives.  24 

2.  Sessions  of  Congress 24 

Section  5.     Powers  of  Houses  of  Congress 24 

1.  Judges  of  qualitications  of  their  own  mem-  24 

bers.     Quorum 

2.  Rules  of  proceeding.     Expulsions 24 

3.  Journals 24 

4.  Adjournments 24 

Section  6.     Compensation  and  duties  of  members 24 

1.  Compensation  of  members.     Privileges  of  24 

Senators  and  Representatives 

2.  Disabilities 25 


Section  7.    Enactment  of  laws 25 

1.  Revenue  bills.     Where  to  originate 25 

2.  Manner  of  passage  and  President's  appro- 

val.   How  passed  without  Pres.  approval  25  ' 

3.  Orders,  resolutions,  and  votes.   President's 

approval 2G 

Section  8.     Powers  of  Congress 26 

1.  Taxes,  duties,  etc.    Common  defense  and 

general  welfare 26 

2.  To  borrow  money 2G 

3.  To  regulate  commerce 26 

4.  Naturalization.    Bankruptcies 26 

5.  Coining  money.     Weights  and  measures.. .  26 
C).  Punishment  of  counterfeiting 26 

7.  Post  office  and  post  roads 26 

8.  Patents  and  copyrights 27 

9.  Courts 27 

10.  Piracy  and  other  offenses 27 

11.  To  declare  war,  etc 27 

12.  Raising  army 27 

13.  Navy 27 

14.  Army  and  navy  regulations 27 

15.  Militia.     Insurrection,  etc 27 

16.  Organizing,  arming,  and  disciplining  militia  27 

17.  Exclusive  legislative  power  over^seat  of 

government,  forts,  etc 27 

18.  To  make  laws  necessary  to  carry  powers 

into  effect 27 

Section  9.     Limitation  of  the  powers  of  Congress.. 28 

1.  Migration  or  importation  of  persons. 28 

2.  Habeas  corpus  not  to  be  suspended 28 

3.  Attainder  and  ex  post  facto  laws  prohibited  28 

4.  Capitation  and  direct  taxes 28 

5.  Exports 28 

6.  Commercial  regulations 28 

7.  Public  moneys  and  accounts 28 

8.  Titles  of  nobility.    Presents,  etc 28 

Section  10.    Limitation  of  the  powers  of  States 29 

1.  Treaties,  letters  of  marque,  coinage  of  mon- 

ey, bills  of  credit,  etc.,  attainder,  ex  post 
facto  laws,  impairing  contracts.    Titles. .  29 

2.  Imposts  or  duties  on  imports  or  exports, etc.  29 

3.  Duties  of  tonnage,  keeping  troops  in  time 

of  peace,  engaging  in  war,  treaties,  etc..  29 

ARTICLE   XL 

executive  department. 

Section  1.    Powers  of  Executive 29 

1.  President  and  Vice-President.    Terms  oL  .  29 

2.  Electors 29 


INDEX. 


3.  Manner  of  cLoosing  President  by  Electors. 

Superseded  by  Twelfth  Amendment 30 

4.  Time  of  choosing  Electors 30 

5.  President's  qualifications 31 

6.  Vacancy  in  office  of 31 

7.  Salary 31 

8.  Oath 31 

Section  2.    Other  powers  and  duties 31 

1.  Act  as  Commander-in-Chief,     Reprieves, 

pardons 31 

2.  To  make  treaties,  how.     Appointments. . .  32 

3.  To  fill  vacancies 32 

Section  3.  Messages  to,  and  power  of  assembling  and  ad- 
journing Congress.  Reception  of  Embassa- 
dors, etc.     Commissioning  officers 32 

Section  4.     Removal  of  officers  on  impeachment. 33 

ARTICLE  III. 
judicial  department. 
Section  1.     Supreme  and  inferior  Courts.    Term  of  office 

and  compensation  of  Judges 33 

Section  2.    Judicial  Powers 33 

1.  Jurisdiction  of  Supreme  Court 33 

2.  Original  and  appellate 33 

3.  Jury  trials,  when  allowed 34 

Section  3.     Treason 34 

1.  Definition  and  evidence  of 34 

2.  Punishment  of 34 

ARTICLE  IV. 

STATE  ACTS. 

Section  1.    Evidence  of  acts  and  ofiBcial  records  of  States..  34 
Section  2.    Privileges  of  citizens 34 

1.  Entitled  to  same  alike  in  every  State 34 

2.  Fugitives  from  justice 34 

3.  Fugitives  from  servitude 35 

Section  3.    New  States 35 

1.  Admission  of 35 

2.  Power  of  the  United  States  over  territorial 

and  other  property 35 

Section  4.  United  States  to  guarantee  to  each  State  a  re- 
publican form  of  government  and  protection 
against  invasion 35 

ARTICLE  V. 

AMENDMENTS. 

Section  1.     Manner  of  making  amendments  to  Constitution.  35 


10 


INDEX. 


ARTICLE  VI. 

PROMISCUOUS   PROVISIONS.  * 

Section  1.    General  provisions 36 

1.  Debts 36 

2.  Supreme  law  of  the  land 36 

3.  Oath  to  support  Constitution.   No  religious 

test 36 

ARTICLE  VII. 

RATIFICATION  OF  CONSTITUTION. 

Section  1.     What  sufficient  for  ratification 37 


INDEX  TO  AMENDMENTS  TO  CONSTITUTION  U.  S. 


Article 

I. 

Article 

11. 

Article 

Ill, 

Article 

IV. 

Article 

V. 

Article 

VL 

Article 

VII. 

Article  VIII. 

Article 

IX. 

Article 

X. 

Akticlk 

XL 

Article 

XI 1. 

Article  XI H. 

Article  XIV. 

Article  XV. 

Restriction  on  Power  of  Congress 38 

Right  to  Bear  Arms 3.S 

Billeting  Soldiers 38 

Skizurks,  Sk arches,  and  Warrants 38 

Criminal  Proceedings  and  Condemnation 

OF  Propertv 38 

Mode  of  Trial  in  Criminal  Proceedings.  .  39 

Trial  by  .Jury 39 

Bails— Fines— Punishments 39 

Certain  Rights  not  Denied  the  People.  . .  40 

States  Rights 40 

Judicial  Powkrs 40 

Election  of  President  and  Vice-President  40 

Si,avi:ry 41 

Citizenship,    Representation,    and    Pay- 
ment OF  Public  Debt 42 

Elective  Franchise 43 


Section  1. 


ARTICLE   I. 

RESTRICTION  ON   POWER  OF   CONGRESS. 

Free   exercise  of  religion,   speech,   etc.,   and 
right  of  people  to  assemble 38 


INDEX. 


11 


ARTICLE   II. 

BIGHT  TO   BEAR  ARMS. 

Section  1.    Right  not  to  be  denied  to  people 38 

ARTICLE   IIL 

BILLETING    OP   SOLDIERS. 

Section  1.    No  soldiers  fo  be  billeted,  etc 38 

ARTICLE   IV. 

SEIZURES,    SEARCHES   AND   WAKRANTS. 

Section  I.     Unreasonable  searches,  seizures  and  warrants 

prohibited 38 

ARTICLE   V. 

CRIMINAL  PROCEEDINGS  AND  CONDEMNATION  OF  PROPERTY. 

Section  1.  No  person  to  he  held  to  answer  for  certain 
crimes,  except  on  indictment.  Exception — 
not  to  be  twice  tried  for  same  offense;  not  to 
be  a  witness  against  himself;  right  to  com- 
pensation for  property  condemned 38 

ARTICLE   VI. 

MODE   OF  trial   IN   CRIMINAL  PROCEEDINGS. 

Section  1.     Accused  entitled  to  speedy  trial ;  to  confront 

witnesses;  to  have  counsel;  place  of  trial,  etc .  39 

ARTICLE  VIL 

TRIAL   BY  JURY. 

Section  1.     Right  of  trial  by  jury  in  civil  actions 39 

ARTICLE  VIII. 

BAILS— FINES  —PUNISHMENTS. 

Section  1.    Not  to  be  excessive 39 

ARTICLE   IX. 

CERTAIN  RIGHTS  NOT  DENIED  TO  THE  PEOPLE. 

Section  1.     Rights  of  people  not  disparaged  by  Const'n...  40 
ARTICLE  X. 

STATES   RIGHTS. 

Section  1.    Certain  powers  reserved  to  the  States  or  to  the 

people « 40 

ARTICLE  XL 

judicial  powers. 

Section  1.    Limitation  on 40 


12 


INDEX. 


ARTICLE  Xir. 

ELECTION   OP  PRESIDENT   AND   VICE-PRESIDENT. 

Section  1.    Manner  of  election,  etc ..     40 

ARTICLE   XIII. 

SLAVERY. 

Skctiox  1.    Slavery  prohibited * 41 

Section  2.    Enforcement  of  this  article  by  Congress 42 

ARTICLE  XIV. 
citizenship,  representation,  and  payment  op  public  debt. 

Section  1.     Who  are  citizens — rights  of 42 

Section  2.     Apportionment  of  representation  among   the 

several  States 42 

Section  3.     Certain  persons  disqualified  from  holding  office; 

removal  of  disability  ;  how  effected 42 

Section  4.     Payment  of  public  debt  not  to  be  questioned  ; 

debts  incurred  in  aid  of  rebellion  not  to  be 

assumed 43 

Section  5.    Power  of  Congress  to  enforce  this  article 43 

ARTICLE  XV. 
elective  franchise. 

Section  1 .    Right  of  all  citizens  to  vote 43 

Section  2.     Power  of  Congress  to  enforce  this  article 43 


INDEX  TO  CONSTITUTION  OF  CALIFORNIA. 


Page. 

Artici-e  I — Declaration  of  Rights 44 

Article  II— Right  of  Suffrage 48 

Article        III— Distribution  of  Powers V.) 

Article        TV — Legislative  Department 41) 

Article  V — Executive  Department (i2 

AhTiCLE        VI-  Judicial  Department  , 0<; 

Article       VII— Pardoning  Power 75 

Article     VIII — Militia....   , 7<> 

Article        IX  —Education 77 

Article  X — State  Institutions  and  Public  Buildings.  80 

Article        XI— Cities,  Counties  and  Towns 81 

Article       XH  — Corporations 88 

Article     XIII— Revenue  and  Taxation 9(; 

Article      XT V— Water  and  Water  Rights lOU 

Article       XV— Harbor  Frontages,  etc 101 

Article      XVI— State  Indebtedness 101 

Article    XVII— Land  and  Homestead  Exemption 102 

Article  XVIII— Amending  and  Revising  the  Constitution.103 

Article      XIX— Chinese 104 

Article       XX— Miscellaneous  Subjects 105 

Article     XXI — Boundary 108 

Article    XXII — Schedule 10i> 

ARTICLE   L 

declaration  of  rights. 

Section  1.     Inalienable  rights 44 

2.  Source  of  political  power 44 

3.  State  inseparable  from  the  Union.. 44 

4.  Religious  liberty 44 

F).    Habeas  corpus 4') 

6.  Bail  for  criminals 4') 

7.  Right  of  trial  by  jury 45 

8.  Offenses,  how  prosecuted 45 

9.  Freedom  of  speech 45 

10.  Right  of  assembly 46 

11.  Laws  uniform  in  operation 40 

12.  Military  subordinate  to  civil  power 46 

13.  Right  of  criminals  on  trial 46 

14.  Private  property  for  public  use 47 

15.  Xo  imprisonment  for  debt 47 


14 


Section  1. 
2. 
3. 
4. 
5. 


Section  1. 


Section  1. 
2. 
3. 


No  bill  of  attainder  to  be  passed 47 

Rights  of  foreigners 47 

Slavery 47 

Search 47 

Treason 48 

Special  legislation 48 

Provisions  mandatory 48 

Not  to  impair  rights 48 

Property  qualification         48 

ARTICLE   II. 

RIGHT  OF   SDFFBAGE. 

Qualifications  of  voters 48 

Privilege  from  arrest 49 

Military  duty 49 

Loss  of  residence 49 

Election  by  ballot 49 

ARTICLE  III. 
distribution  op  powers. 

Departments  of  government 49 

ARTICLE   IV. 

LEGISLATIVE   DEPARTMENT. 

Legislative  power  vested  in  Senate  and  Assem'y  49 

Sessions  of  Legislature,  when  held 50 

Members  of  assembly,  when  elected;  term  of 

office 50 

Senators  elected,  when  ;  terra  of  office  ;  quali- 
fications  60 

Number  of  Senators  and  Assemblymen.    Sen- 
tors  hold  over 51 

[legislative  districts,  how  made 51 

Each  Mouse  to  determine  its  own  organization.  52 

A  quorum,  what 52 

Rules  of  proceeding  ;  expulsion 52 

Journal ;  yeas  and  nays 52 

Privilege  from  arrest 52 

Vacajicies.  liow  filled 52 

Open  session 52 

Adjournment  and  recess 53 

Bills,  how  passed 53 

Hills,  Jiow  afiected  by  action  of  the  Governor..  53 

Power  of  impeachment 54 

Who  may  be  impeached 54 

Legislators  not  eligible  to  certain  offices 55 

United  States  officers  not  eligible  to  office 55 

Embezzlers  of  public  moneys 55 


15 


22. 

23. 
24. 
25. 
26. 
27. 
28. 
29. 
30. 
31. 
32. 

33. 
34. 

35. 


Section  1. 
2. 

i! 

4. 

G. 

7. 

8. 

9. 
10. 
11. 
12. 
13. 
U. 
15. 
16. 
17. 
18. 
19. 
20. 


Section  1. 


Money  appropriated  for  what,  and  how  drawn 

from  the  treasury 55 

Compensation  of  members  of  Legislature 56 

Subject  of  Act  to  be  in  title 56 

Prohibited  lejijislation 57 

Lotteries  and  stocks 59 

Formation  of  congressional  districts 59 

Elections  by  Legislature 60 

General  appropriation  bill  to  contain 60 

Prohibits  support  of  sects  and  sectarian  schools  60 
Public  credit  not  to  be  given  to  corporations. .  60 
Prohibits  extra  compensation  to  officers  and 

contractors 61 

To  regulate  charsres  of  public  corporations 61 

Appropriation  bills  to  contain  but  one  item 62 

To  punish  bribery 62 

ARTICLE  V. 

EXECUTIVE   DEPARTMENT. 

The  Executive 62 

How  elected 62 

Who  eligible 63 

Election,  how  made  known 63 

To  be  Commander-in-Chief 63 

May  require  information 63 

Execute  tlie  laws 63 

To  fill  certain  vacancies 63 

May  convene  the  Legislature 64 

Governor's  message 64 

May  adjourn  tlie  Legislature,  when 64 

No  person  shall  exercise  the  office 64 

Shall  have  seal 64 

Form  of  commission 64 

Lieutenant  Governor;  qualifications  and  duties  64 

May  become  Governor 65 

State  executive  officers 65 

Secretary  of  State 65 

Compensation  of  executive  officers 65 

Governor  ineligible  to  U.  S.  Senate 66 

ARTICLE   VI. 

JUDICIAL   DEPARTMENT. 

Consists  of  what 66 

Supreme  Court;  how  constituted,  and  mode  of 

procedure! 66 

Supreme  Court  elected,  how 68 

Jurisdiction 69 

Superior  Court,  jurisdiction  of 69 


16  INDEX. 

G.     Superior  Courts;  number  of,  and  how  organized  70 

7.  Number  of  sessions 71 

8.  Who  may  try  causes 72 

9.  Judges  not  to  leave  the  State.     Number  may 

be  increased  or  diminished 72 

10.  Judicial  officers,  how  removed 72 

1 1 .  Justices  of  the  Peace 73 

12.  Courts  of  record 73 

13.  Jurisdiction  of  inferior  Courts 73 

14.  Clerks  of  Courts 73 

15.  Fees 74 

16.  Publication  of  opinions 74 

17.  Salaiies 74 

18.  Ineligible  to  other  office  during  term 74 

19.  Charge  to  jury 75 

*20.     Style  of  process  7.') 

21.  Supreme  Court  Reporter 75 

22.  Judges  shall  not  practice  law 75 

23.  Eligibility  to  office 75 

24.  Condition  of  receiving  salary 75 

ARTICLE  VII. 

PAKDONING   POWER. 

Si'X'TiON  1.     Who  may  pardon 75 

ARTICLE  VIII. 

MILITIA. 

Section  1.     Militia,  how  organized.    Governor  may  call  out  7G 

2.     Flag 76 

ARTICLE  IX. 

EDUCATION. 

Section  1.    Education  to  be  encouraged 77 

2.  State  Superintendent  of  Public  Instruction 77 

3.  County  Superintendent  of  Schools 77 

4.  Lands  appropriated  to  the  support  of  schools.  77 

5.  Free  school  in  every  district 78 

().    The  public  school  system 7s 

7.  State  textbooks 78 

8.  Sectarianism 78 

9.  State  University 79 

ARTICLE  X. 

state  institutions  and  public  uuildings. 

Section  1.     State  B.iard  of  Prison  Directors 80 

2.  Powers  and  duties 80 

3.  To  appoint  Warden  and  Clerk 80 

4.  Compensation 89 

5.  Acts  of  Legislature f^l 

G.     Convict  labor 81 


INDEX.  17 

ARTICLE  XT. 

CITIES,   COUNTIES  AND  TOWNS. 

Section  1.  Counties  recognized 81 

2.  County  seal  removed 81 

3.  Establishment  of  new  counties 81 

4.  System  of  county  governments 81 

5.  County  officers  82 

G.  Special  municijjal  corporations  prohibited  ... .  82 

7.  Consolidation  of  city  and  county  governments.  83 

8.  City  of  more  than  10,000  inhabitants  may  frame 

charter  by  election  of  Hoard  of  Freeholders.   83 

9.  Compensation  of  officers  not  to  be  increased. .  86 

10.  Taxes  not  to  he  released 8G 

11.  Make  and  enforce  local  laws 80 

12.  Legislature  may  not  tax  for  local  purposes  .. . .  8ij 

13.  Municipal  power  not  to  be  delegated 87 

14.  State  officers  may  not  act  as  inspectors  of  mer- 

chandise    .    .       87 

15.  Private  property  not  liable  for  corporate  debt.  87 

16.  Treasurer  to  be  custodian  of  all  moneys 87 

17.  Use  of  public  money  by  officers  a  felony 87 

18.  Two-thirds  vote  required  to  incur  indebtedness 

beyond  annual  income 87 

19.  Public  works  by  individuals 88 

ARTICLE  XII. 

COKPOKATIONS. 

Section  1.  Corporations,  how  formed  and  regulated 88 

2.  Dues  to  be  secured,  how 89 

3.  Liability  of  stockholders  and  directors 89 

4.  "  Corporations"  explained.    Ilights  of  suit ... .  89 

5.  Banks  not  to  be  chartered 89 

6.  Repeal  of  existing  charters 89 

7.  Franchise  not  to  be  extended  nor  forfeiture  re- 

mitted   90 

8.  Property  of  corporations  subject  to  same  laws 

as  individual  property 90 

9.  Limitation  of  tlie  business  of  corporations  ....  90 

10.  Owners  of  franchises  not  to  be  released   by 

transfer 90 

11.  Issuance  of  stock 90 

12.  Directors,  how  elected 91 

13.  State  credit  may  not  be  loaned 91 

14.  Shall  have  office  in  the  State.    Record  of  stocks 

open  for  inspection 91 

15.  Foreign  corporations 91 

16.  Where  a  corporation  may  be  sued 92 

17.  Common  carriers,  duties 92 


18 


INDEX. 


Section  1. 

2. 

3. 
4. 

5. 
6. 
7. 
8. 
9. 

10. 
11. 
12. 
13. 


Section  1. 
2. 


Section 


Section  1. 


Interest  of  an  officer  or  agent  limited 92 

Public  officers  may  not  receive  passes 92 

Earnings  not  to  be  sliared.  Kates  not  to  be  in- 
creased   93 

Discrimination  forbidden 93 

Railroad  Commissioners;  number,  how  elected. 
Qualifications.  Powers  and  duties.  Failure 
to  conform  to  rates,  how  punished.  Legisla- 
ture may  remove  Commissioners 93 

Constitution  of  railroad  districts 95 

Legislature  shall  enfore 96 

ARTICLE   XIII. 

REVENUE   AND   TAXATION. 

Property  taxed  according  to  value.    Property 

includes  what 96 

Land,  how  assessed 96 

Sectionized  land,  how  assessed 97 

Taxation  of  mortgage  interests.  Effect  of  pay- 
ment by  owner  or  security  holder 97 

Contract  to  pay  tax  on  borrowed  money  void  .  97 

Power  of  taxation  not  to  be  impaired 98 

Installments 98 

Property  to  be  certified  under  oath 98 

State  Board  of  Equalization,  how  constituted. 

Duties.     Controller  a  member  ex-officio 98 

Propert}',  by  whom  assessed 99 

Income  taxes 99 

Poll  tax 99 

Legislature  to  enforce 100 

ARTICLE  XIV. 

water  and   water  KlQnTS. 

Water  rights  subject  to  control  of  the  State. 
Rates  to  be  fixed  annually.  Penalty  for  non- 
compliance with  rules 100 

Water  rights  a  franchise 101 

ARTICLE   XV. 

HARBOR  FRONTAGES,  ETC. 

Right  of  the  State  to  frontages 101 

Access  to  navigable  waters  not  to  be  obstructed.  101 
Tide  lauds  not  to  be  sold 101 

ARTICLE  XVL 

STATE  INDEHTEDNESS. 

Liabilities  exceeding  $300,000,  how  created  ..  .101 


INDEX. 


19 


ARTICLE  XVIT. 

LAND    AND   HOMESTEAD   EXEMPTION. 

Section  1.    Homestead  exemption 102 

2.  Large  land  holdings  discouraged 102 

3.  State  lauds  to  actual  settlers  .   102 

ARTICLE  XVIII. 

AMENDING  AND  BEVISING   THE   CONSTITUTION. 

Section  1.    Amendments,  how  made 103 

2.     Convention  to  revise,  how  called.    Convention, 
bow  constituted.    Revision,  how  ratified 103 

ARTICLE  XIX. 

CHINESE. 

Section  1.    Protection  against  dangerous  aliens 104 

2.  Corporations  not  to  employ  Chinese 105 

3.  No  Chinese  on  public  works 105 

4.  Chinese  immigration  to  be  discouraged 105 

ARTICLE  XX. 

MISCELLANEOUS   SUBJECTS. 

Section  1.  Capital  of  the  State,  how  changed 105 

2.  Prohibits  dueling 106 

3.  Oath  of  office lOG 

4.  Offices  created  by  Legislature 106 

5.  Fiscal  year 106 

6.  Suits  vs.  the  State 106 

7.  Marriage  contracts  1U7 

8.  Separate  property .' 107 

9.  Perpetuities 107 

10.  Disqualification  for  bribery 107 

11.  Elections  protected  against  fraud 107 

12.  Residence 107 

13.  Plurality 107 

14.  State  Board  of  Health 107 

15.  Mechanics'  lien 107 

16.  Terms  of  officers  not  herein  provided  for 108 

17.  A  day's  work lOS 

18.  Sex  no  disability 108 

19.  Expenses  of  Constitutional  Convention 108 

20.  Election  of  officers,  when 108 

ARTICLE  XXI. 

BOUNDARY. 

Section  1.    Boundary  of  the  State IDS 


20  INDEX. 

ARTICLE  XXIT. 

SCHEDULE. 

Section  1.    Laws  in  force  previous  to  this  Convention 109 

2.  Existing  obligations  and  proceedings  not  im- 

paired     110 

3.  Courts  abolished 110 

4.  Superintendent  of  Printing  to  print  Constitu- 

tion.    Governor  to  issue  proclamation 110 

0.    Superintendent  of  State  Printing  to  print  bal- 
lots  Ill 

6.  Clerks  of  Counties  to  provide  poll  books Ill 

7.  Who  may  vote 112 

5.  Returns,  how  canvassed 112 

1).     Governor  to  canvass  and  issue  proclamation  .  .1115 

10.     Terms  of  officers  first  elected 113 

U.    Present  laws  applicable  until  changed 113 

12,     When  to  go  into  effect 113 


CONSTITUTION  OF  THE  UNITED  STATES. 


PREAMBLE. 

We,  the  jjeople  of  the  United  States,  in  order  to  form 
a  more  perfect  union,  establish  justice,  insure  domestic 
tranquillity,  provide  for  the  common  defense,  promote  the 
general  v/elfare,  and  secure  the  blessings  of  liberty  to  our- 
selves and  our  posterity,  do  ordain  and  establish  this 
Constitution  for  the  United  States  of  America. 


ARTICLE   I. 
Section   1. 
1.  All  legislative  powers  herein  granted  shall  be  vested 
in  a  Congress  of  the  United  States,  which  shall  consist  of 
a  Senate  and  House  of  Representatives. 

Section   2. 

1.  The  House  of  Representatives  shall  be  composed  of 
members  chosen  every  second  year  by  the  people  of  the 
several  States,  and  the  electors  in  each  State  shall  have 
the  qualifications  requisite  for  electors  of  the  most  numer- 
ous branch  of  the  State  Legislature. 

2.  No  person  shall  be  a  Representative  who  shall  not 
have  attained  the  age  of  twenty-iive  years  and  been  seven 
years  a  citizen  of  the  United  States,  and  who  shall  not, 
when  elected,  be  an  inhabitant  of  that  State  in  which  he 
shall  be  chosen. 

3.  [Representatives  and  direct  taxes  shall  be  appor- 
tioned among  the  several  States  which  may  be  included 


22  UNITED    STATES   CONSTITUTION. 

within  this  Union,  according  to  their  respective  numbers, 
which  shall  he  determined  by  adding  to  the  whole  num- 
ber of  free  persons,  including  those  bound  to  service  for  a 
term  of  years,  and  excluding  Indians  not  taxed,  three- 
fifths  of  all  other  persons.  The  actual  enumeration  shall 
be  made  within  three  years  after  the  first  meeting  of  the 
Congress  of  the  United  States,  and  within  every  subse- 
quent term  of  ten  years,  in  such  manner  as  they  shall  by 
law  direct.  The  number  of  Representatives  shall  not  ex- 
ceed one  for  every  thirty  thousand,  but  each  State  shall 
have  at  least  one  Representative ;  and  until  such  enumer- 
ation shall  be  made,  the  State  of  New  Hampshire  shall  be 
entitled  to  choose  three,  Massachusetts  eight,  Rhode 
Island  and  Providence  Plantations  one,  Connecticut  five, 
New  York  six,  New  Jersey  four,  Pennsylvania  eight,  Del- 
aware one,  Maryland  six,  Virginia  ten,  North  Carolina 
five,  South  Carolina  five,  Georgia  three.] 

This  clause  has  been  superseded,  so  far  as  it  reLites  to  representa- 
tion, by  section  two  of  the  Fourteenth  Amendment  to  the  Consti- 
tution 

4.  When  vacancies  happen  in  the  representation  from 
any  State,  the  executive  authority  thereof  shall  issue  writs 
of  election  to  fill  such  vacancies. 

5.  The  House  of  Representatives  shall  choose  their 
Speaker  and  other  officers,  and  shall  have  the  sole  power 
of  impeachment. 

Section   3. 

1.  The  Senate  of  the  United  States  shall  be  composed  of 
two  Senators  from  each  State,  cliosen  by  the  Legislature 
thereof,  for  six  years,  and  each  Senator  shall  have  one 
vote. 

2.  Immediately  after  they  shall  be  assembled  in  conse- 
quence of  the  first  election,  they  shall  be  divided  as 
equally  as  may  be  into  tlirce  classes.     The  seats  of  the 


UNITED   STATES    CONSTITUTION.  23 

Senators  of  the  first  class  shall  be  vacated  at  the  expira- 
tion of  the  second  year,  of  the  second  class  at  the  expira- 
tion of  the  fourth  year,  and  of  the  third  class  at  the 
expiration  of  the  sixth  year,  so  that  one-third  may  be 
chosen  every  second  year;  and  if  vacancies  hapi^en,  by 
resignation  or  otherwise,  during  the  recess  of  the  Legis- 
lature of  any  State,  the  Executive  thereof  may  make 
temporary  appointments  until  the  next  meeting  of  the 
Legislature,  which  shall  then  fill  such  vacancies. 

3.  No  person  shall  be  a  Senator  who  shall  not  have  at- 
tained the  age  of  thirty  years  and  been  nine  years  a  citi- 
zen of  the  United  States,  and  who  shall  not,  when  elected, 
be  an  inhabitant  of  the  State  for  which  he  shall  be  chosen. 

4.  The  Vice-President  of  the  United  States  shall  be 
President  of  the  Senate,  but  shall  have  no  voice  unless 
they  shall  be  equally  divided. 

5.  The  Senate  shall  choose  their  other  officers,  and  have 
a  President  pro  tempore,  in  the  absence  of  the  Vice-Presi- 
dent, or  when  he  shall  exercise  the  office  of  President  of 
the  United  States. 

6.  The  Senate  shall  have  the  sole  power  to  try  all  im- 
peachments; when  sitting  for  that  purpose,  they  shall  be 
on  oath  or  affirmation.  When  the  President  of  the  United 
States  is  tried,  the  Chief  Justice  shall  preside;  and  no 
person  shall  be  convicted  without  the  concurrence  of  two- 
thirds  of  the  members  present, 

7.  Judgment  in  cases  of  impeachment  shall  not  extend 
further  than  to  removal  from  office  and  disqualification  to 
hold  and  enjoy  any  ofiice  of  honor,  trust,  or  profit,  under 
the  United  States;  but  the  party  convicted  shall,  never- 
theless, be  liable  and  subject  to  indictment,  trial,  judg- 
ment, and  punishment  according  to  law. 


24  united  states  constitution.  ^ 

Section  4. 

1.  The  times,  places,  and  manner  of  holding  elections 
for  Senators  and  Representatives  shall  be  prescribed  in 
each  State  by  the  Legislature  thereof;  but  the  Congress 
may  at  any  time,  by  law,  make  or  alter  such  regulations, 
except  as  to  tlie  places  of  choosing  Senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every 
year,  and  such  meeting  shall  be  on  the  tirst  Monday  in 
December,  unless  they  shall,  by  law,  appoint  a  different 
day. 

Section   5. 

1.  Each  house  shall  be  the  judge  of  the  elections,  re- 
turns, and  qualifications  of  its  own  members,  and  a  ma- 
jority of  each  shall  constitute  a  quorum  to  do  business; 
but  a  smaller  number  may  adjourn  from  day  to  day,  and 
may  be  authorized  to  compel  the  attendance  of  absent 
members,  in  such  manner  and  under  such  penalties  as 
each  house  may  provide. 

2.  Each  house  may  determine  the  rules  of  its  proceed- 
ings, punish  its  members  for  disorderly  behavior,  ami, 
with  the  concurrence  of  two-thirds,  expel  a  member. 

3.  Each  house  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same,  excepting  such 
parts  as  may,  in  their  judgment,  require  secrecy;  and  the 
ayes  and  noes  of  the  members  of  either  house,  on  any 
question,  shall,  at  the  desire  of  one-fifth  of  those  present, 
be  entered  on  the  journal. 

4.  Neither  house,  during  the  session  of  Congress,  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than 
tiiree  days,  nor  to  any  other  place  than  that  in  which  the 
two  houses  shall  be  sitting. 

Section   6. 
1.    The   Senators  and   Representatives  shall  receive   a 
compensation  for  their  services,  to  be  ascertained  by  law, 


UNITED   STATES  C'ONSTITUTIOX.  25 

and  paid  out  of  the  Treasury  of  the  United  States,  They 
shall,  in  all  cases,  except  treason,  felony,  and  breach  of 
the  peace,  be  ijrivileged  from  arrest  during  their  attend- 
ance at  the  session  of  their  respective  houses,  and  in  going 
to  and  returning  from  the  same;  and  for  any  speech  or 
debate,  in  either  house,  they  shall  not  be  questioned  in 
any  other  place. 

2.  No  Senator  or  Representative  shall,  during  the  time 
for  ^vhich  he  was  elected,  be  appointed  to  any  civil  office 
under  the  authority  of  the  United  States,  which  shall 
have  been  created,  or  the  emoluments  whereof  shall  have 
been  increased,  during  such  time;  and  no  person  holding 
any  office  under  the  United  States  shall  be  a  member  of 
either  house  during  his  continuance  in  office. 

Section   7. 

1.  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives;  but  the  Senate  may  propose  or 
concur  with  amendments  on  other  bills. 

2.  Every  bill  which  sliall  have  passed  the  House  of 
Representatives  and  the  Senate,  shall,  before  it  becomes  a 
law,  be  presented  to  the  President  of  the  United  States; 
if  he  approve,  he  shall  sign  it,  but  if  not,  he  shall  return 
it,  with  his  objections,  to  that  house  in  which  it  shall 
have  originated,  who  shall  enter  the  objections  at  large  on 
their  journal,  and  proceed  to  reconsider  it.  If,  after  such 
reconsideration,  two-thirds  of  that  house  shall  agree  to 
pass  the  bill,  it  shall  be  sent,  together  with  the  objections, 
to  the  other  house,  by  which  it  shall  likewise  be  recon- 
sidered, and  if  approved  by  two-thirds  of  that  house,  it 
shall  become  a  law.  But  in  all  such  cases  the  votes  of 
both  houses  shall  be  determmed  by  the  ayes  and  noes;  and 
the  names  of  the  persons  voting  for  and  against  the  bill 
shall  be  entered  on  the  journal  of  each  house  respectively. 


26  UNITED   STATES   CONSTITUTION. 

If  any  bill  shall  not  be  returned  by  the  President  within 
ten  days  (Sundays  excepted)  after  it  shall  have  been  pre- 
sented to  him,  the  same  shall  be  a  law,  in  like  manner  as 
if  he  had  signed  it,  unless  the  Congress,  by  their  adjourn- 
ment, prevent  its  return,  in  which  case  it  shall  not  be  a 
law. 

3.  Every  order,  resolution,  or  vote,  to  which  the  con- 
currence of  the  Senate  and  the  House  of  Representatives 
may  be  necessary  (except  on  a  question  of  adjournment), 
shall  be  presented  to  the  President  of  the  United  States; 
and,  before  the  same  shall  take  effect,  shall  be  approved 
by  him,  or,  being  disapproved  by  him,  shall  be  repassed 
by  two-thirds  of  the  Senate  and  House  of  Eepresentatives, 
according  to  the  rules  and  limitations  prescribed  in  the 
case  of  a  bill. 

Section  8. 

1.  The  Congress  shall  have  power  to  lay  and  collect 
taxes,  duties,  imposts,  and  excises,  to  pay  the  debts  and 
provide  for  the  common  defense  and  general  welfare  of  the 
United  States;  but  all  duties,  imposts,  and  excises  shall 
be  uniform  throughout  the  United  States. 

2.  To  borrow  money  on  the  credit  of  the  United  States. 

3.  To  regulate  commerce  with  foreign  nations,  and 
among  the  several  States,  and  with  the  Indian  tribes. 

4.  To  establish  an  uniform  rule  of  naturalization,  and 
uniform  laws  on  the  subject  of  bankruptcies  throughout 
the  United  States. 

5.  To  coin  money,  regulate  the  value  thereof,  and  of 
foreign  coins,  and  fix  the  standard  of  weights  and  meas- 
ures. 

6.  To  provide  for  the  punishment  of  counterfeiting  the 
securities  and  current  coin  of  the  United  States. 

7.  To  establish  post  offices  and  post  roads. 


UNITED    .STATP:S   CONSTITUTION.  27 

8.  To  promote  the  progress  of  science  and  useful  arts, 
by  securing,  for  limited  times,  to  authors  and  inventors, 
the  exclusive  right  to  their  respective  writings  and  dis- 
coveries. 

9.  To  constitute  tribunals  inferior  to  the  Supreme  Court. 

10.  To  define  and  punish  piracies  and  felonies  committed 
on  the  high  seas,  and  oflfenses  against  the  laws  of  nations. 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal, 
and  make  rules  concerning  captures  on  land  and  water. 

12.  To  raise  and  support  armies;  but  no  appropriation 
of  money  to  that  use  shall  be  for  a  longer  term  than  two 
years. 

13.  To  provide  and  maintain  a  navy. 

14.  To  make  rules  for  the  government  and  regulation  of 
the  land  and  naval  forces. 

15.  To  provide  for  calling  forth  the  militia  to  execute 
the  laws  of  the  Union,  suppress  insurrections,  and  repel 
invasions. 

16.  To  provide  for  organizing,  arming,  and  disciplining 
the  militia,  and  for  governing  such  part  of  them  as  may  be 
employed  in  the  service  of  the  United  States,  reserving  to 
the  States,  respectively,  the  appointment  of  the  ofScers, 
and  the  authority  of  training  the  militia  according  to  the 
discipline  prescribed  by  Congress. 

17.  To  exercise  exclusive  legislation,  in  all  cases  what- 
soever, over  such  district  (not  exceeding  ten  miles  square) 
as  may,  by  cession  of  particular  States,  and  the  acceptance 
of  Congress,  become  the  seat  of  Government  of  the  United 
States,  and  to  exercise  like  authority  over  all  places  pur- 
chased by  the  consent  of  the  Legislature  of  the  State  in 
which  the  same  shall  be,  for  the  erection  of  forts,  maga- 
zines, arsenals,  dockyards,  and  other  needful  buildings. 

18.  To  make  all  laws  which  shall  be  necessary  and 
proper  for  carrying  into  execution  the  foregoing  powers, 


28  UNITED   STATES   CONSTITUTION. 

and  all  other  powers  vested  by  this  Constitution  in  the 
Government  of  the  United  States,  or  in  any  department 
or  officer  thereof. 

Section   9. 

1.  The  migration  or  importation  of  such  persons  as  any 
of  the  States  now  existing  shall  think  proper  to  admit, 
shall  not  be  prohibited  by  Congress  prior  to  the  year  one 
thousand  eight  hundred  and  eight;  but  a  tax  or  duty  may 
be  imposed  on  such  importation,  not  exceeding  ten  dollars 
for  each  person. 

2.  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended,  unless  when  in  cases  of  rebellion  or  invasion, 
the  public  safety  may  require  it. 

3.  No  bill  of  attainder  or  ex  post  facto  law  shall  be 
passed. 

4.  No  capitation  or  other  direct  tax  shall  be  laid,  unless 
in  proportion  to  the  census  or  enumeration  hereinbefore 
directed  to  be  taken. 

5.  No  tax  or  duty  shall  be  laid  on  articles  exported 
from  any  State. 

6.  No  preference  shall  be  given,  by  any  regulation  of 
commerce  or  revenue,  to  the  ports  of  one  State  over  those 
of  another;  nor  shall  vessels  bound  to  or  from  one  State 
be  ol)liged  to  enter,  clear,  or  pay  duties  in  another. 

7.  No  money  shall  be  drawn  from  the  treasury,  but  in 
conseipience  of  appropriations  made  by  law;  and  a  regular 
statement  and  account  of  the  receipts  and  expenditures  of 
all  public  money  shall  be  published  from  time  to  time. 

8.  No  title  of  nobility  shall  be  granted  by  the  United 
States;  and  no  person  holding  any  office  of  profit  or  trust 
under  them  shall,  without  the  consent  of  the  Congress, 
accept  of  any  present,  emolument,  office,  or  title,  of  any 
kind  whatever,  from  any  King,  Prince,  or  foreign  State. 


united  states  constitution.  29 

Section   10. 

1.  No  State  shall  enter  into  any  treaty,  alliance,  or  con- 
federation; grant  letters  of  marque  and  rej^risal;  coin 
money;  emit  bills  of  credit;  make  anything  but  gold  and 
silver  coin  a  tender  in  payment  of  debts;  pass  any  bill  of 
attainder,  ex  post  facto  law,  or  law  impairing  the  obligation 
of  contracts,  or  grant  any  title  of  nobility. 

2.  No  State  shall,  without  the  consent  of  the  Congress, 
lay  any  imposts  or  duties  on  imports  or  exports,  except 
what  may  be  absolutely  necessary  for  executing  its  in- 
spection laws;  and  the  net  produce  of  all  duties  and  im- 
posts, laid  by  any  State  on  imports  or  exports,  shall  be 
for  the  use  of  the  treasury  of  the  United  States,  and  all 
such  laAvs  shall  be  subject  to  the  revision  and  control  of 
the  Congress. 

3.  No  State  shall,  without  the  consent  of  Congress,  lay 
any  duty  of  tonnage,  keep  troops  or  ships  of  war  in  time 
of  peace,  enter  into  any  agreement  or  compact  with  an- 
other State  or  with  a  foreign  power,  or  engage  in  war,  un- 
less actually  invaded  or  in  such  imminent  danger  as  will 
not  admit  of  delay. 

ARTICLE   II. 
Section   1. 

1,  The  executive  power  shall  be  vested  in  a  President 
of  the  United  States  of  America.  He  shall  hold  his  oflBce 
during  the  term  of  four  years,  and  together  with  the  Vice- 
President,  chosen  for  the  same  term,  be  elected  as  follows: 

2.  Each  State  shall  appoint,  in  such  manner  as  the 
Legislature  thereof  may  direct,  a  number  of  Electors  equal 
to  the  whole  number  of  Senators  and  Representatives  to 
which  the  State  may  be  entitled  in  the  Congress;  but  no 
Senator  or  Representative,  or  person  holding  an  otfice  of 
trust  or  profit  under  the  United  States,  shall  be  appointed 
an  Elector. 


30  UNITED   STATES   CONSTITUTION. 

3.  [The  Electors  shall  meet  in  their  respective  States  and 
vote  by  ballot  for  two  persons,  of  whom  one  at  least  shall 
not  be  an  inhabitant  of  the  same  State  with  themselves. 
And  they  shall  make  a  list  of  all  the  persons  voted  for, 
and  of  the  number  of  votes  for  each;  which  list  they  shall 
sign  and  certify,  and  transmit  sealed  to  the  seat  of  Govern- 
ment of  the  United  States,  directed  to  the  President  of 
the  Senate.  The  President  of  the  Senate  shall,  in  the 
presence  of  the  Senate  and  House  of  Representatives,  open 
all  the  certificates,  and  the  votes  shall  then  be  counted. 
The  person  having  the  greatest  number  of  votes  shall  be 
the  President,  if  such  number  be  a  majority  of  the  whole 
number  of  Electors  appointed;  and  if  there  be  more  than 
one  who  have  such  majority,  and  have  an  equal  number  of 
votes,  then  the  House  of  Representatives  shall  imme- 
diately choose  by  ballot  one  of  them  for  President;  and  if 
no  person  have  a  majority,  then  from  the  five  highest  on 
the  list,  the  said  house  shall,  in  like  manner,  choose  the 
President.  But,  in  choosing  the  President,  the  vote  shall 
be  taken  by  States,  the  representation  from  each  State 
having  one  vote;  a  quorum  for  this  purpose  shall  consist 
of  a  member  or  members  from  two-thirds  of  the  States, 
and  a  majority  of  all  the  States  shall  be  necessary  to  a 
choice.  In  every  case  after  the  choice  of  the  President, 
the  person  having  the  greatest  number  of  votes  of  the 
Electors  shall  be  the  Vice-President.  But  if  there  should 
remain  two  or  more  who  have  equal  votes,  the  Senate  shall 
choose  from  them,  by  ballot,  the  Vice-President.] 

This  clause  has  been  superseded  by  the  Twelfth  Amendment  to 
the  Constitution. 

4.  The  Congress  may  determine  the  time  of  choosing 
the  Electors,  and  the  day  on  which  they  shall  give  their 
votes;  which  day  shall  be  the  same  throughout  the  United 
States. 


UNITED    STATES   CONSTITUTION.  31 

5.  No  person  except  a  natural-born  citizen,  or  a  citizen 
of  the  United  States  at  the  time  of  the  adoption  of  this 
Constitution,  shall  be  eligible  to  the  office  of  President, 
neither' shall  any  person  be  eligible  to  that  office  who  shall 
not  have  attained  the  age  of  thirty-tive  years,  and  been 
fourteen  years  a  resident  within  the  United  States. 

6.  In  case  of  the  removal  of  the  President  from  office,  or 
of  his  death,  resignation,  or  inability  to  discharge  the 
powers  and  duties  of  the  said  office,  the  same  shall  devolve 
on  the  Vice-President,  and  the  Congress  may,  by  law,  pro- 
vide for  the  case  of  removal,  death,  resignation,  or  ina- 
bility, both  of  the  President  and  Vice-President,  declaring 
what  officer  shall  then  act  as  President,  and  such  officer 
shall  act  accordingly,  until  the  disability  be  removed,  or  a 
President  shall  be  elected. 

7.  The  President  shall,  at  stated  times,  receive  for  his 
services  a  compensation,  which  shall  neither  be  increased 
nor  diminished  during  the  period  for  which  he  shall  have 
been  elected,  and  he  shall  not  receive  within  that  period 
any  other  emolument  from  the  United  States  or  any  of 
them, 

8.  Before  he  enters  on  the  execution  of  his  office,  he 
shall  take  the  following  oath  or  affirmation:  "I  do  sol- 
emnly swear  (or  affirm)  that  I  will  faithfully  execute  the 
office  of  President  of  the  United  States,  and  will,  to  the 
best  of  my  ability,  preserve,  protect,  and  defend  the  Con- 
stitution of  the  United  States. " 

Section  2. 

1.  The  President  shall  be  Commander-in-Chief  of  the 
Army  and  Navy  of  the  United  States,  and  of  the  militia 
of  the  several  States,  when  called  into  the  actual  service 
of  the  United  States;  he  may  require  the  opinion,  in 
writing,  of  the  principal  officer  in  each  of  the  executive 


32  UNITED   STATES    CONSTITUTION. 

departments,  upon  any  subject  relating  to  the  duties  of 
their  respective  offices;  and  he  shall  have  power  to  grant 
reprieves  and  pardons  for  offenses  against  the  United 
States,  except  in  cases  of  impeachment. 

2.  He  shall  have  power,  by  and  with  the  advice  and 
consent  of  the  Senate,  to  make  treaties,  provided  two- 
thirds  of  the  Senators  present  concur;  and  he  shall  nomi- 
nate, and,  by  and  with  the  advice  and  consent  of  the 
Senate,  shall  appoint  Embassadors,  and  other  public  Min- 
isters and  Consuls,  Judges  of  the  Supreme  Court,  and  all 
other  officers  of  the  United  States  whose  appointments  are 
not  herein  otherwise  provided  for  and  w'hich  shall  be  es- 
tablished by  law;  but  the  Congress  may,  by  law,  vest  the 
appointment  of  such  inferior  officers  as  they  may  think 
proper  in  the  President  alone,  in  the  Courts  of  law,  or  in 
the  heads  of  departments. 

3.  The  President  shall  have  poW' er  to  fill  up  all  vacancies 
that  may  happen  during  the  recess  of  the  Senate,  by 
granting  commissions,  which  shall  expire  at  the  end  of 
their  next  session. 

Section  3. 

1.  He  shall,  from  time  to  time,  give  to  the  Congress  in- 
formation of  the  state  of  the  Union,  and  recommend  to 
their  consideration  such  measures  as  he  sliall  judge  neces- 
sary and  expedient;  he  may,  on  extraordinary  occasions, 
convene  both  houses,  or  either  of  them,  and  in  case  of  dis- 
agreement between  them,  with  respect  to  the  time  of  ad- 
journment, he  may  adjourn  them  to  such  time  as  he  shall 
think  proper;  he  shall  receive  Embassadors  and  other 
public  Ministers;  he  shall  take  care  that  the  laws  be  faith- 
fully executed,  and  shall  commission  all  the  officers  of  the 
United  States. 


united  states  constitution.  33 

Section  4. 
1.   The  President,  Vice-President,  and  all  civil  officers 
of  the  United  States  shall  bo  removed  from  otfice,  on  im- 
peachment for  and  conviction  of  treason,  bribery,  or  other 
high  crimes  and  misdemeanors. 

ARTICLE   III. 

Section  1. 
1.  The  judicial  power  of  the  United  States  shall  Ije 
vested  in  one  Supreme  Court,  and  in  such  inferior  Courts 
as  the  Congress  may,  from  time  to  time,  ordain  and  estab- 
lish. The  Judges,  both  of  the  Supreme  and  inferior 
Courts,  shall  hold  their  offices  during  good  behavior,  and 
shall,  at  stated  times,  receive  for  their  services  a  compen- 
sation which  shall  not  be  diminished  during  their  con- 
tinuance in  office. 

Section   2. 

1.  The  judicial  power  shall  extend  to  all  cases,  in  law 
and  equity,  arising  under  this  Constitution,  the  laws  of 
the  United  States,  and  treaties  made,  or  which  shall  be 
made,  under  their  authority;  to  all  cases  afifecting  Embas- 
sadors, other  public  Ministers  and  Consuls;  to  all  cases  of 
admiralty  and  maritime  jurisdiction;  to  controversies  to 
which  the  United  States  shall  be  a  party;  to  controversies 
between  two  or  more  States;  between  a  State  and  citizens 
of  another  State;  between  citizens  of  different  States;  be- 
tween citizens  of  the  same  State  claiming  lands  under 
grants  of  different  States;  and  between  a  State,  or  the 
citizeus  thereof,  and  foreign  States,  citizens,  or  subjects. 

2.  In  all  cases  affecting  Embassadors,  other  public  Min- 
isters and  Consuls,  and  those  in  Avhich  a  State  shall  be  a 
party,  the  Supreme  Court  shall  have  original  jurisdiction. 
In  all  the  other  cases  before  mentioned  the  Supreme  Court 


34  UNITED    STATES   CONSTITUTION. 

shall  have  appellate  jurisdiction,  both  as  to  law  and  fact, 
with  such  exceptions  and  under  such  regulations  as  the 
Congress  shall  make. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeach- 
ment, shall  be  by  jury;  and  such  trial  shall  be  held  in  the 
State  where  the  said  crimes  shall  have  been  committed; 
but  when  not  committed  within  any  State,  the  trial  shall 
be  put  at  such  place  or  places  as  the  Congress  may,  by 
law,  have  directed. 

Section  3. 

1.  Treason  against  the  United  States  shall  consist  only 
in  levying  war  against  them,  or  in  adhering  to  their  ene- 
mies, giving  them  aid  and  comfort. 

2.  No  person  shall  be  convicted  of  treason,  unless  on 
the  testimony  of  two  witnesses  to  the  same  overt  act,  or 
on  confession  in  open  Court. 

3.  The  Congress  shall  have  power  to  declare  the  punish- 
ment of  treason;  but  no  attainder  of  treason  shall  work 
corruption  of  blood,  or  forfeiture,  except  during  the  life  of 
the  person  attainted, 

ARTICLE  IV. 
Section  1. 
1.  Full  faith  and  credit  shall  be  given  in  each  State  to 
the  pul)lic  acts,  records,  and  judicial  proceedings  of  every 
other  State.  And  the  Congress  may,  by  general  laws, 
prescril>e  the  manner  in  which  such  acts,  records,  and  pro- 
ceedings shall  be  proved,  and  the  effect  thereof. 

Section   2. 

1.  The  citizens  of  each  State  shall  be  entitled  to  all  the 
privileges  and  immunities  of  citizens  in  the  several  States. 

2.  A  person  charged  in  any  State  with  treason,  felony, 
or  other  crime,  who  shall  flee  from  justice,  and  be  found 


UNITED    STATES    CONSTITUTION.  35 

in  another  State,  shall,  on  demand  of  the  executive  au- 
thority of  the  State  from  which  he  fled,  be  delivered  up, 
to  be  removed  to  the  State  having  jurisdiction  of  the 
crime. 

3.  No  person  held  to  service  or  labor  in  one  State,  under 
the  laws  thereof,  escaping  into  another,  shall,  in  conse- 
quence of  any  law  or  regulation  therein,  be  discharged 
from  such  service  or  labor,  but  shall  be  delivered  up  on 
claim  of  the  party  to  whom  such  service  or  labor  may  be 
due. 

Section   3. 

1.  New  States  may  be  admitted  by  the  Congress  into 
this  Union;  but  no  new  vState  shall  be  formed  or  erected 
within  the  jurisdiction  of  any  other  State;  nor  any  State 
be  formed  by  the  junction  of  two  or  more  States,  or  parts 
of  States,  without  the  consent  of  the  Legislatures  of  the 
States  concerned,  as  well  as  of  Congress. 

2.  The  Congress  shall  have  power  to  dispose  of  and 
make  all  needful  rules  and  regulations  respecting  the  ter- 
ritory or  other  property  belonging  to  the  United  States; 
and  nothing  in  this  Constitution  shall  be  so  construed  as 
to  prejudice  any  claims  of  the  United  States,  or  of  any 
particular  State. 

Section  4. 

1.  The  United  States  shall  guarantee  to  every  State  in 
this  Union  a  republican  form  of  government,  and  shall 
protect  each  of  them  against  invasion;  and,  on  application 
of  the  Legislature,  or  of  the  Executive  (when  the  Legis- 
latui'e  cannot  be  convened),  against  domestic  violence. 

ARTICLE   V. 
Section   1. 
1.   The  Congress,  whenever  two-thirds  of  both  houses 
shall  deem  it  necessary,  shall  propose  amendments  to  this 


36  UNITED   STATES   COXSTITLTTION. 

Constitution,  or,  on  the  application  of  the  Legislatures  of 
two-thirds  of  the  several  States,  shall  call  a  convention  for 
proposing  amendments,  which,  in  either  case,  shall  be 
valid,  to  all  intents  and  purposes,  as  part  of  this  Consti- 
tution, when  ratified  by  the  Legislatures  of  three-fourths 
of  the  several  States,  or  by  conventions  in  three-fourths 
thereof,  as  the  one  or  the  other  mode  of  ratification  ma}-^ 
be  proposed  l)y  Congress;  'provided,  that  no  amendment 
which  may  be  made  prior  to  the  year  one  thousand  eight 
hundred  and  eight  shall,  in  any  manner,  affect  the  first 
and  fourth  clauses  in  the  ninth  section  of  the  first  article; 
and  that  no  State,  without  its  consent,  shall  be  deprived 
of  its  equal  suffrage  in  the  Senate. 

ARTICLE   VI. 

Section   L 

\.    All  debts  contracted  and  engagements  entered  into, 

before  the  adoption  of  this  Constitution,  shall  be  as  valid 

against   the    United   States,  under   this  Constitution,  as 

under  the  Confederation. 

2.  This  Constitution,  and  the  laws  of  the  United  States 
which  shall  be  made  in  pursuance  thereof,  and  all  treaties 
made,  or  which  shall  be  made,  under  the  authority  of  the 
United  States,  shall  be  the  supreme  law  of  the  land;  and 
the  Judges  in  every  State  shall  be  bound  thereby,  any- 
thing in  the  Constitution  or  laws  of  any  State  to  the  con- 
trary notwithstanding. 

3.  The  Senators  and  Representatives  before  mentioned, 
and  the  members  of  the  several  State  Legislatures,  and  all 
executive  and  judicial  officers,  both  of  the  United  States 
and  of  the  several  States,  shall  be  bound,  by  oath  or  affir- 
mation, to  support  this  Constitution;  but  no  religious  test 
shall  ever  be  required  as  a  qualification  to  any  ollice  or 
public  trust  under  the  United  States. 


I 


UNITED   STATES    CONSTITUTION. 


37 


ARTICLE  VII. 

Section   1. 
1,   The  ratification  of  the  conventions  of  nine  States  shall 
be  sufficient  for  the  establishment  of  this  Constitution  be- 
tween the  States  so  ratifying  the  same. 

Done  in  Convention,  by  the  unanimous  consent  of  the 
States  present,  the  seventeenth  day  of  September,  in 
the  year  of  our  Lord  one  thousand  seven  hundred  and 
eighty-seven,  and  of  the  independence  of  the  United 
States  of  America  the  twelfth.  In  witness  whereof  we 
have  hereunto  subscribed  our  names. 

George  Washington, 
President,  and  Deputy  from  Virrjinia. 


Neiv  Hampshire. 
John  Laxgdon, 
Nicholas  Oilman. 

Massachusetts. 
Nathaniel  Gorham, 
RuFus  King. 

Connecticut. 


Delaware. 
George  Read, 
Gunning  Bedford,  Jr.. 
John  Dickinson, 
Richard  Bassett, 
Jacob  Broom. 

Maryland. 
James  McHenry, 


William  Samuel  Johnson,  y^-^^^  ^^^^^v^- ^;_^' 

T>^^^^  c-..„„,....  '  Daniel  of  St.  Th.  Jenifer 


Roger  Sherman. 

New  York. 
Alexander  Hamilton. 

New  Jersey. 
William  Livingston, 
David  Brearly, 
William  Patterson, 
Jonathan  Dayton. 

Pennsylvania. 
Benjamin  Franklin, 
Thomas  Mifflin, 
Robert  Morris, 
George  Clymer, 
Thomas  Fitzsimons, 
Jared  Ingersoll, 
James  Wilson, 
Gouverneur  Morris. 
Attest: 


Daniel  Carroll. 

Virginia. 
John  Blair, 
James  Madison,  Jr.. 

North  Carolina. 
William  Blount, 
Richard  Dobbs  Spaight, 
Hugh  Williamson. 

South  Carolina. 
John  Rutledge, 
Charles  C.  Pinckney, 
Charles  Pinckney. 
Pierce  Butler. 

Georgia. 
William  Few, 
Abraham  Baldwin. 
William  Jackson,  Secretary. 


38  AMENDMENTS. 


^  Kd  K  N  D IVI E  N  TS. 


ARTICLE  I. 

Section  1.  Congress  shall  make  no  law  respecting  an 
establishment  of  religion,  or  prohibiting  the  free  exercise 
thereof,  or  abridging  the  freedom  of  speech  or  of  the 
press;  or  the  right  of  the  people  peaceably  to  assemble, 
and  to  petition  the  government  for  a  redress  of  griev- 
ances.— Proposed  September  25,  17S9 ;  ratified  December 
15,  1791. 

ARTICLE   II. 

Section  1.  A  well  regulated  militia  being  necessary  to 
the 'security  of  a  free  State,  the  right  of  the  people  to  keep 
and  bear  arms  shall  not  be  infringed. — Id. 

ARTICLE   III. 

Section  1.  No  soldier  shall,  in  time  of  peace,  be  quar- 
tered in  any  house  without  the  consent  of  the  owner;  nor 
in  time  of  war,  but  in  a  manner  to  be  prescribed  by 
law.  — Id. 

ARTICLE   IV. 

Section  1.  The  right  of  the  people  to  be  secure  in  their 
persons,  houses,  papers  and  effects,  against  unreasonable 
searches  and  seizures,  shall  not  be  violated,  and  no  war- 
rants shall  issue  but  upon  reasonable  cause,  supported  by 
oatli  or  aHirmation,  and  particularly  describing  the  place 
to  be  searched  and  the  person  or  things  to  be  seized. — Id. 

ARTICLE    V. 
Section  I.  No  person  shall  be  held  to  answer  for  a  cap- 
ital or  otherwise  infamous  crime,  unless  on  a  presentment 


AMENDMENTS.  39 

or  indictment  of  a  Grand  Jury,  except  in  cases  arising  in 
the  land  or  naval  forces,  or  in  the  militia,  when  in  actual 
service,  in  time  of  war,  or  public  danger;  nor  shall  any 
person  be  subject  for  the  same  offense  to  be  twice  put  in 
jeopardy  of  life  or  limb;  nor  shall  be  compelled  in  any 
criminal  case  to  be  a  witness  against  himself,  nor  be  de- 
prived of  life,  liberty,  or  property,  without  due  piocess  of 
law;  nor  shall  private  property  be  taken  for  public  use 
without  just  compensation. — Id. 

ARTICLE    VI. 

Section  1 .  In  all  criminal  prosecutions  the  accused  shall 
enjoy  the  right  to  a  speedy  and  public  trial,  by  an  impar- 
tial jury  of  the  State  and  district  wherein  the  crime  shall 
have  been  committed,  which  district  shall  have  been  pre- 
viously ascertained  by  law,  and  to  be  informed  of  the  na- 
ture and  cause  of  the  accusation;  to  be  confronted  with 
the  witnesses  against  him;  to  have  compulsory  process  for 
obtaining  witnesses  in  his  favor,  and  to  have  the  assistance 
of  counsel  for  his  defense. — Id. 

ARTICLE  VII. 

Section  L  In  suits  at  common  law,  where  the  value  in 
controversy  shall  exceed  twenty  dollars,  the  right  of  trial 
by  jury  shall  be  preserved;  and  no  fact,  tried  by  jury, 
shall  be  otlierwise  re-examined  in  any  Court  of  the  United 
States  than  according  to  the  rules  of  common  law. — Id. 

ARTICLE  VIII. 

Section  1.  Excessive  bail  shall  not  be  required,  nor  ex- 
cessive lines  imposed,  nor  cruel  and  unusual  punishments 
inflicted. — Id. 


40  AMENDMENTS. 


ARTICLE  IX. 


Section  1.  The  enumeration  in  the  Constitution  of  cer- 
tain rights  shall  not  be  construed  to  deny  or  disparage 
others  retained  by  the  people. — Id. 

ARTICLE  X. 

Section  1.  The  powers  not  delegated  to  the  United 
States  by  the  Constitution,  nor  prohibited  by  it  to  the 
States,  are  reserved  to  the  States,  respectively,  or  to  the 
people. — Id. 

ARTICLE   XI. 

Section  \.  The  judicial  power  of  the  United  States  shall 
not  be  construed  to  extend  to  any  suit  in  law  or  equity, 
commenced  or  prosecuted  against  one  of  the  United  States 
by  the  citizens  of  another  State,  or  by  citizens  or  subjects 
of  any  foreign  State. — Proposed  March  5,  179^;  ratified 
Januarji  S,  1798. 

ARTICLE  XII. 

Section  1.  The  Electors  shall  meet  in  their  respective 
States,  and  vote  by  ballot  for  President  and  Vice-Presi- 
dent, one  of  whom,  at  least,  shall  not  be  an  inhabitant  of 
the  same  State  with  themselves;  they  shall  name  in  their 
ballots  the  person  voted  for  as  President,  and  in  distinct 
ballots  the  person  voted  for  as  Vice-President;  and  they 
shall  make  distinct  lists  of  all  persons  voted  for  as  Presi- 
dent, aud  of  all  persons  voted  for  as  Vice-President,  and 
of  the  number  of  votes  for  each,  which  list  they  shall  sign 
and  certify,  and  transmit,  sealed,  to  the  seat  of  the  Gov- 
ernment of  the  United  States,  directed  to  the  President  of 
tiie  Senate,  The  President  of  the  Senate  shall,  in  tlie 
presence  of  the  Senate  and  House  of  Representatives,  open 


AMENDMENTS.  41 

all  the  certificates,  and  the  votes  shall  then  be  counted. 
The  person  having  the  greatest  number  of  votes  for  Tresi- 
dent  shall  be  the  President,  if  such  a  number  be  a  ma- 
jority of  the  whole  number  of  Electors  appointed;  and  if 
no  person  have  such  a  majority,  then  from  the  persons 
having  the  highest  numbers,  not  exceeding  three,  on  the 
list  of  those  voted  for  as  President,  the  House  of  Kepre- 
sentatives  shall  choose  immediately,  by  ballot,  the  Presi- 
dent. But  in  choosing  the  President,  the  votes  shall  be 
taken  by  States,  the  representation  from  each  State  hav- 
ing one  vote;  a  quorum  for  this  purpose  shall  consist  of  a 
member  or  members  from  two-thirds  of  the  States,  and  a 
majority  of  all  the  States  shall  be  necessary  to  a  choice. 
And  if  the  House  of  Representatives  shall  not  choose  a 
President,  whenever  the  right  of  choice  shall  devolve  upon 
them,  before  the  fourth  day  of  March  next  following,  then 
the  Vice-President  shall  act  as  President,  as  in  case  of  the 
death  or  other  constitutional  disability  of  the  President. 
The  person  having  the  greatest  number  of  votes  as  Vice- 
President  shall  be  the  Vice-President,  if  such  number  be  a 
majority  of  the  whole  number  of  Electors  appointed;  and 
if  no  person  have  a  majority,  then  from  the  two  highest 
numbers  on  the  list  the  Senate  shall  choose  the  Vice- 
President;  a  quorum  for  the  purpose  shall  consist  of  two- 
thirds  of  the  whole  number  of  Senators,  and  a  majority  of 
the  w^hole  number  shall  be  necessary  to  a  choice.  But  no 
person  constitutionally  ineligible  to  the  office  of  President 
shall  be  eligible  to  that  of  Vice-President  of  the  United 
States. — Proposed  December  12,  1803;  ratified  September 
25,  ISO 4. 

ARTICLE  XIII. 

Section  1.    Neither  slavery  or  involuntary  servitude, 
except  as  a  punishment  for  crime  whereof  the  party  shall 


42  AMENDMENTS. 

have  been  duly  convicted,  shall  exist  within  the  United 
States,  or  any  place  subject  to  their  jurisdiction. 

Sec.  2,  Congress  shall  have  power  to  enforce  this  article 
by  appropriate  legislation. — Declared  ratified  December  IS, 
1SG5.     [U.  S.  Statutes  at  Large,  Vol  13,  p.  775.) 

ARTICLE  XIV. 

Section  1.  All  persons  born  or  naturalized  in  the  United 
States  and  subject  to  the  jurisdiction  thereof,  are  citizens 
of  the  United  States  and  of  the  State  wherein  they  reside. 
No  State  shall  make  or  enforce  any  law  which  shall 
abridge  the  privileges  or  immunities  of  citizens  of  the 
United  States;  nor  shall  any  State  deprive  any  person  of 
life,  liberty,  or  property,  without  due  process  of  law,  nor 
deny  to  any  person  within  its  jurisdiction  the  equal  pro- 
tection of  the  laws. 

Sec.  2.  Representatives  shall  be  apportioned  among  the 
several  States,  according  to  their  respective  numbers, 
counting  the  whole  number  of  persons  in  each  State,  ex- 
cluding Indians  not  taxed.  But  when  the  right  to  vote  at 
any  election  for  the  choice  of  Electors  for  President  and 
Vice-President  of  the  United  States,  Representatives  in 
Congress,  the  executive  and  judicial  officers  of  a  State,  or 
the  members  of  the  Legislature  thereof,  is  denied  to  any 
of  the  male  inhabitants  of  such  State,  being  twenty -one 
years  of  age  and  citizens  of  the  United  States,  or  in  any 
way  abridged,  except  for  participation  in  rebellion,  or 
other  crime,  the  basis  of  representation  therein  shall  be 
reduced  in  proportion  which  the  number  of  such  male  citi- 
zens shall  bear  to  the  whole  number  of  male  citizens 
twenty-one  years  of  age  in  such  State. 

Sec.  3.  No  person  shall  be  a  Senator  or  Representative 
in  Congress,  or  Elector  of  President  and  Vice-President, 


1 


AMENDMENTS.  43 

or  hold  any  office,  civil  or  military,  under  the  United 
States,  or  under  any  State,  who,  having  previously  taken 
an  oath  as  a  member  of  Congress,  or  as  an  officer  of  the 
United  States,  or  as  a  member  of  any  State  Legislature, 
or  as  an  executive  or  judicial  officer  of  any  State,  to  sup- 
port the  Constitution  of  the  United  States,  shall  have  en- 
gaged in  insurrection  or  rebellion  against  the  same,  or 
given  aid  or  comfort  to  the  enemies  thereof.  But  Con- 
gress may,  by  a  vote  of  two-thirds  of  each  house,  remove 
such  disability. 

Sec.  4.  The  validity  of  the  public  debt  of  the  United 
States,  authorized  by  law,  including  debts  incurred  for 
payment  of  pensions  and  bounties  for  services  in  suppress- 
ing insurrection  or  rebellion,  shall  not  be  questioned.  But 
neither  the  United  States  or  any  State  shall  assume  or  pay 
any  debt  or  obligation  incurred  in  aid  of  insurrection  or 
rebellion  against  the  United  States,  or  any  claim  for  the 
loss  or  emancipation  of  any  slave;  but  all  such  debts,  ob- 
ligations, and  claims  shall  be  held  illegal  and  void. 

Sec.  5.  The  Congress  shall  have  power  to  enforce,  by 
appropriate  legislation,  the  provisions  of  this  article. — 
Declared  ratified  July  28,  1868.  [U.  S.  Statutes  at  Large, 
Vol.  15,  pp.  709-11.) 

ARTICLE  XV. 

Section  1.  The  right  of  citizens  of  the  United  States  to 
vote  shall  not  be  denied  or  abridged  by  the  United  States, 
or  by  any  State,  on  account  of  race,  color,  or  previous  con- 
dition of  servitude. 

Sec.  2.  The  Congress  shall  have  power  to  enforce  this 
article  by  appropriate  legislation. —  U.  S.  Statutes  at  Large, 
Vol  15,  p.  346. 


CONSTITUTION  OF  THE  STATE  OF  CALIFORNIA. 


Adopted  in  Convention  at  Sacramento,  March  3,  A.  D,  1879  ;  submit- 
ted to  and  ratified  by  the  people  May  7,  1879. 


PREAMBLE  AND   DECLARATION   OF  RIGHTS. 
PREAMBLE. 

We,  the  people  of  the  State  of  California,  grateful  to 
Almighty  God  for  our  freedom,  in  order  to  secure  and  per- 
petuate its  blessings,  do  establish  this  Constitution. 

ARTICLE    I. 

Section  1,  All  men  are  by  nature  free  and  independent, 
and  have  certain  inalienable  rights,  among  which  are  those 
of  enjoying  and  defending  life  and  liberty  ;  acquiring, 
possessing,  and  protecting  property  ;  and  pursuing  and 
obtaining  safety  and  happiness. 

Sec.  2.  All  political  power  is  inherent  in  tlie  people. 
Government  is  instituted  for  the  protection,  security,  and 
benefit  of  the  people,  and  they  have  the  right  to  alter  or 
reform  the  same  whenever  the  public  good  may  require  it. 

Sec.  3.  The  State  of  California  is  an  inseparable  part  of 
the  American  Union,  and  the  Constitution  of  the  United 
States  is  the  supreme  law  of  the  land. 

Sec.  4.  The  free  exercise  and  enjoyment  of  religious 
profession  and  worship,  without  discrimination  or  prefer- 
ence, shall  forever  be  guaranteed  in  this  State,  and  no 
person  shall  be  rendered  incompetent  to  be  a  witness  or 
juror  on  account  of  his  opinions  on  matters  of  religious 
Ijclief  ;  but  the  liberty  of  conscience  hereby  secured  shall 
not  be  so  construed  as  to  excuse  acts  of  licentiousness,  or 


CALirOUMA    CONSTITUTION.  45 

justify  practices  inconsistent  with  the  peace  or  the  safety 
of  the  State. 

Sec.  5.  The  privilege  of  the  writ  of  habeas  corpus  shall 
not  be  suspended  unless  when,  in  case  of  rebellion  or  in- 
vasion, the  public  safety  may  require  the  suspension. 

Sec.  6.  All  persons  shall  be  bailable  by  sufficient  sure- 
ties, unless  for  capital  offenses  when  the  proof  is  evident 
or  the  presumption  great.  Excessive  bail  shall  not  be  re- 
quired, nor  excessive  fines  imposed  ;  nor  shall  cruel  or 
unusual  punishment  be  inflicted.  Witnesses  shall  not  be 
unreasonably  detained,  nor  confined  in  any  room  where 
criminals  are  actually  imprisoned. 

Sec.  7.  The  right  of  trial  by  jury  shall  be  secured  to  all, 
and  remain  inviolate  ;  but  in  civil  actions  three  fourths  of 
the  jury  may  render  a  verdict.  A  trial  by  jury  may  be 
waived  in  all  criminal  cases,  not  amounting  to  felony,  by 
the  consent  of  both  parties,  expressed  in  open  Court,  and 
in  civil  actions  by  the  consent  of  the  parties,  signified  in 
such  maner  as  may  be  prescribed  by  law.  In  civil  actions, 
and  cases  of  misdemeanor,  the  jury  may  consist  of  twelve, 
or  of  any  number  less  than  twelve  upon  which  the  parties 
may  agree  in  open  Court. 

Sec.  8.  Offenses  heretofore  required  to  be  prosecuted  by 
indictment  shall  be  prosecuted  by  information,  after  exam- 
ination and  commitment  by  a  magistrate,  or  by  indictment, 
with  or  without  such  examination  and  commitment,  as 
may  be  prescribed  by  Jaw.  A  grand  jury  shall  be  drawn 
and  summoned  at  least  once  a  year  in  each  county. 

Sec.  9.  Every  citizen  may  freely  speak,  write,  and  pub- 
lish his  sentiments  on  all  subjects,  being  responsible  for 
the  abuse  of  that  right ;  and  no  law  shall  be  passed  to  re- 
strain or  abridge  the  liberty  of  speech  or  of  the  press.  In 
all  criminal  prosecutions  for  libels,  the  truth  may  be  given 
in  evidence  to  the  jury  ;  and  if  it  shall  appear  to  the  jury 


46  CALIFORNIA    CONSTITUTION. 

that  the  matter  charged  as  libelous  is  true,  and  was  pub- 
lished with  good  motives,  and  for  justitiable  ends,  the  party 
shall  be  acquitted  ;  and  the  jury  shall  have  the  right  to 
determine  the  law  and  the  fact.  Indictments  found,  or 
information  laid,  for  publications  in  newspapers,  shall  be 
tried  in  the  county  where  such  newspapers  have  their  pub- 
lication office,  or  in  the  county  where  the  party  alleged  to 
be  libeled  resided  at  the  time  of  the  alleged  publication, 
unless  the  place  of  trial  shall  be  changed  for  good  cause. 

Sec.  10.  The  people  sliall  have  the  right  to  freely  assem- 
ble together  to  consult  for  the  common  good,  to  instruct 
their  representatives,  and  to  petition  the  Legislature  for 
redress  of  grievances. 

Sec.  11.  All  laws  of  a  general  nature  shall  have  a  uni- 
form operation. 

Sec.  12.  The  military  shall  be  subordinate  to  the  civil 
power.  No  standing  army  shall  be  kept  up  by  this  State 
in  time  of  peace,  and  no  soldier  shall,  in  time  of  peace,  be 
quartered  in  any  house  without  the  consent  of  the  owner ; 
nor  in  time  of  war,  except  in  the  manner  prescribed  by 
law. 

Sec.  13.  In  criminal  prosecutions,  in  any  Court  what- 
ever, the  party  accused  shall  have  the  right  to  a  speedy 
and  public  trial ;  to  have  the  process  of  the  Court  to  com- 
pel the  attendance  of  witnesses  in  his  behalf,  and  to  appear 
and  defend,  in  person  and  with  counsel.  No  person  shall 
be  twice  put  in  jeopardy  for  the  same  offense  ;  nor  be  com- 
pelled, in  any  criminal  case,  to  be  a  witness  against  him- 
self ;  nor  be  deprived  of  life,  liberty,  or  property  without 
due  process  of  law.  The  Legislature  shall  have  power  to 
provide  for  the  taking,  in  the  px-esence  of  the  party  accused 
and  his  counsel,  of  depositions  of  witnesses  in  criminal 
cases,  other  than  cases  of  homicide,  when  there  is  reason 


CALIFORNIA   CONSTITUTION.  47 

to  believe  that  the  witness,  from  inability  or  other  causes, 
will  not  attend  at  the  trial. 

Sec.  14.  Private  property  shall  not  be  taken  or  damaged 
for  public  use  without  just  compensation  having  been  first 
made  to,  or  paid  into  Court  for,  the  owner,  and  no  right 
of  way  shall  be  appropriated  to  the  use  of  any  corporation 
other  than  municipal  until  full  compensation  therefor  be 
first  made  in  money  or  ascertained  and  paid  into  Court  for 
the  owner,  irrespective  of  any  benefit  from  any  improve- 
ment proposed  by  such  corporation,  which  compensation 
shall  be  ascertained  by  a  jury,  unless  a  jury  be  waived,  as 
in  other  civil  cases  in  a  Court  of  record,  as  shall  be  pre- 
scribed by  law. 

Sec.  15.  No  person  shall  be  imprisoned  for  debt  in  any 
civil  action,  or  mesne  or  final  process,  unless  in  case  of 
fraud,  nor  in  civil  actions  for  torts,  except  in  cases  of  will- 
ful injury  to  person  or  property  ;  and  no  person  shall  be 
imprisoned  for  a  militia  fine  in  time  of  peace. 

Sec.  16.  No  bill  of  attainder,  ex  post  facto  law,  or  law 
impairing  the  obligations  of  contracts,  shall  ever  be  passed. 

Sec.  17.  Foreigners  of  the  white  race  or  of  African  de- 
scent, eligible  to  become  citizens  of  the  United  States 
under  the  naturalization  laws  thereof,  while  bona  fide  resi- 
dents of  this  State,  shall  have  the  same  rights  in  respect 
to  the  acquisition,  possession,  enjoyment,  transmission, 
and  inheritance  of  property  as  native  born  citizens. 

Sec.  18.  Neither  slavery  nor  involuntary  servitude,  un- 
less for  the  punishment  of  crime,  shall  ever  be  tolerated 
in  this  State. 

Sec.  19.  The  right  of  the  people  to  be  secured  in  their 
persons,  houses,  papers,  and  eflfects,  against  unreasonable 
seizures  and  searches,  shall  not  be  violated  ;  and  no  war- 
rant shall  issue  but  on  probable  cause,  supported  by  oath  or 


48  CALIFOEXIA   CONSTITITTION. 

aflSrmation,  particularly  describing  the  place  to  be  searched 
and  the  persons  and  things  to  be  seized. 

Sec.  20.  Treason  against  the  State  shall  consist  only  in 
levying  war  against  it,  adhering  to  its  enemies,  or  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of 
treason  unless  on  the  evidence  of  two  witnesses  to  the 
same  overt  act,  or  confession  in  open  Court. 

Sec.  21.  No  special  privileges  or  immunities  shall  ever 
be  granted  which  may  not  be  altered,  revoked,  or  repealed 
by  the  Legislature,  nor  shall  any  citizen,  or  class  of  citi- 
zens, be  granted  privileges  or  immunities  which,  upon  the 
same  terms,  shall  not  be  granted  to  all  citizens. 

Sec.  22.  The  provisions  of  this  Constitution  are  manda- 
tory and  prohibitory,  unless  by  express  words  they  are 
declared  to  be  otherwise. 

Sec.  23.  This  enumeration  of  rights  shall  not  be  construed 
to  impair  or  deny  others  retained  by  the  people. 

Sec.  24.  No  property  qualification  shall  ever  be  required 
for  any  person  to  vote  or  hold  office, 

ARTICLE  IL 

Section  1.  Every  native  male  citizen  of  the  United 
States,  every  male  person  who  shall  have  acquired  the 
rights  of  citizenship  under  or  by  virtue  of  the  treaty  of 
Queretaro,  and  every  male  naturalized  citizen  thereof,  who 
shall  have  become  such  ninety  days  prior  to  any  election, 
of  the  age  of  twenty-one  years,  who  shall  have  been  a 
resident  of  the  State  one  year  next  preceding  the  election, 
and  of  the  county  in  which  he  claims  his  vote  ninety  days, 
and  in  tlie  election  precinct  thirty  days,  shall  be  entitled 
to  vote  at  all  elections  which  are  now  or  may  hereafter  be 
authorized  by  law  ;  provided,  no  native  of  China,  no  idiot, 
insane  person,  or  person  convicted  of  any  infamous  crime, 


CALIFORNIA    CONSTITUTION.  49 

and  no  person  hereafter  convicted  of  the  embezzlement  or 
misappropriation  of  public  money,  shall  ever  exercise  the 
privilege  of  an  elector  in  this  State. 

Sec.  2.  Electors  shall  in  all  cases,  except  treason,  felony, 
or  breach  of  the  peace,  be  privileged  from  arrest  on  the 
days  of  election,  during  their  attendance  at  such  election, 
going  to  and  returning  therefrom. 

Sec.  3.  No  elector  shall  be  obliged  to  perform  militia 
duty  on  the  day  of  election,  except  in  time  of  war  or  public 
danger. 

Sec.  4.  For  the  purpose  of  voting,  no  pei'son  shall  be 
deemed  to  have  gained  or  lost  a  residence  by  reason  of  his 
presence  or  absence  while  employed  in  the  service  of  the 
United  States,  nor  while  engaged  in  the  navigation  of  the 
waters  of  this  State  or  of  the  United  States,  or  of  the  high 
seas  ;  nor  while  a  student  at  any  seminary  of  learning  ; 
nor  while  kept  in  any  almshouse  or  other  asylum,  at  pub- 
lic expense  ;  nor  while  confined  in  any  public  prison. 

Sec.  5.  All  elections  by  the  people  shall  be  by  ballot. 

ARTICLE  III. 

Section  1.  The  powers  of  the  Government  of  the  State 
of  California  shall  be  divided  into  thi-ee  separate  depart- 
ments— the  legislative,  executive,  and  judicial ;  and  no 
person  charge^  with  the  exercise  of  powers  properly  be- 
longing to  one  of  these  departments  shall  exercise  any 
functions  appertaining  to  either  of  the  others,  except  as 
in  this  Constitution  expressly  directed  or  permitted. 

ARTICLE  IV. 

Section  1.  The  legislative  power  of  this  State  shall  be 
vested  in  a  Senate  and  Assembly,  which  shall  be  designated 
the  Legislature  of  the  State  of  California,  and  the  enacting 


50  CALIFORNIA   COXSTITUTION, 

clause  of  every  law  shall  be  as  follows  :  "The  People  of 
the  State  of  California,  represented  in  Senate  and  Assem- 
bly, do  enact  as  follows." 

Sec.  2.  The  sessions  of  the  Legislature  shall  commence 
at  twelve  o'clock  m.  on  the  first  Monday  after  the  first  day 
of  January  next  succeeding  the  election  of  its  members, 
and,  after  the  election  held  in  the  year  eighteen  hundred 
and  eight}',  shall  be  biennial,  unless  the  Governor  shall, 
in  the  interim,  convene  the  Legislature  by  proclamation. 
No  pay  shall  be  allowed  to  members  for  a  longer  time  than 
sixty  days,  except  for  the  first  session  after  the  adoption 
of  this  Constitution,  for  which  they  may  be  allowed  pay 
for  one  hundred  days.  And  no  bill  shall  be  introduced  in 
either  house  after  the  expiration  of  ninety  days  from  the 
commencement  of  the  first  session,  nor  after  fifty  days  after 
the  commencement  of  each  succeeding  session,  without  the 
consent  of  two  thirds  of  the  members  thereof. 

Sec.  3.  Members  of  the  Assembly  shall  be  elected  in  the 
year  eighteen  hundred  and  seventy-nine,  at  the  time  and 
in  the  manner  now  provided  by  law.  The  second  election 
of  members  of  the  Assembly,  after  the  adoption  of  this 
Constitution,  shall  be  on  the  first  Tuesday  after  the  first 
Monday  in  November,  eighteen  hundred  and  eighty. 
Thereafter  meml^ers  of  the  Assembly  shall  be  chosen  bien- 
nially, and  their  term  of  office  shall  be  two  years  ;  and 
each  election  shall  be  on  the  first  Tuesday  after  the  first 
Monday  in  November,  unless  otherwise  ordered  by  the 
Legislature. 

Sec.  4.  Senators  shall  be  chosen  for  the  term  of  four 
years,  at  the  same  time  and  places  as  members  of  the  As- 
sembly, and  no  person  shall  be  a  member  of  the  Senate  or 
Assembly  who  has  not  been  a  citizen  and  inhabitant  of  the 
State  three  years,  and  of  the  district  for  which  he  shall  be 
chosen  one  year,  next  before  his  election. 


CALIFORNIA    CONSTITLTION  .  51 

Sec.  5.  The  Senate  shall  consist  of  forty  members,  and 
the  Assembly  of  eighty  members,  to  be  elected  by  districts, 
numbered  as  hereinafter  provided.  The  seats  of  the  twenty 
Senators  elected  in  the  year  eighteen  hundred  and  eighty- 
two  from  the  odd  numbered  districts  shall  be  vacated  at 
the  expiration  of  the  second  year,  so  that  one  half  of  the 
Senators  shall  be  elected  every  two  years  ;  provided,  that 
all  the  Senators  elected  at  the  first  election  under  this  Con- 
stitution shall  hold  office  for  the  term  of  three  years. 

Sec.  6.  For  the  purpose  of  choosing  members  of  the  Legis- 
lature, the  State  shall  be  divided  into  forty  senatorial  and 
eighty  assembly  districts,  as  nearly  equal  in  population  as 
may  be,  and  composed  of  contiguous  territory,  to  be  called 
senatorial  and  assembly  districts.  Each  senatorial  district 
shall  choose  one  Senator,  and  each  assembly  district  shall 
choose  one  member  of  Assembly.  The  senatorial  districts 
shall  be  numbered  from  one  to  forty,  inclusive,  in  numer- 
ical order,  and  the  assembly  districts  shall  be  numbered 
from  one  to  eighty,  in  the  same  order,  commencing  at  the 
northern  boundary  of  the  State,  and  ending  at  the  southern 
boundary  thereof.  In  the  formation  of  such  districts  no 
county,  or  city  and  county,  shall  be  divided,  unless  it  con- 
tains sufficient  population  within  itself  to  form  two  or  more 
districts,  nor  shall  a  part  of  any  county,  or  of  any  city  and 
county,  be  united  with  any  other  county,  or  city  and 
county,  in  forming  any  district.  The  census  taken  under 
the  direction  of  the  Congress  of  the  United  States  in  the 
year  one  thousand  eight  hundred  and  eighty,  and  every 
ten  years  thereafter,  shall  be  the  basis  of  fixing  and  adjust- 
ing the  legislative  districts  ;  and  the  Legislature  shall,  at 
its  first  session  after  each  census,  adjust  such  districts  and 
reapportion  the  representation  so  as  to  preserve  thera  as 
near  equal  in  population  as  may  be.  But  in  making  such 
adjustment  no  persons  who  are  not  eligible  to  become  citi- 


52  CALIFOKNIA    CONSTITUTION. 

zeus  of  the  United  States,  under  the  naturalization  laws, 
shall  be  counted  as  forming  a  part  of  the  population  of  any 
district.  Until  such  districting  as  herein  provided  for  shall 
be  made,  Senators  and  Assemblymen  shall  be  elected  by 
the  districts  according  to  the  apportionment  now  provided 
for  by  law. 

Sec.  7.  Each  house  shall  choose  its  officers,  and  judge 
of  the  qualifications,  elections,  and  returns  of  its  members. 

Sec.  8.  A  majority  of  each  house  shall  constitute  a 
quorum  to  do  business,  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  may  compel  the  attendance  of  absent 
members  in  such  manner  and  under  such  penalties  as  each 
house  may  provide. 

Sec.  9,  Each  house  shall  determine  the  rule  of  its  pro- 
ceeding, and  may,  with  the  concurrence  of  two-thirds  of 
all  its  members  elected,  expel  a  member. 

Sec.  10.  Each  house  shall  keep  a  journal  of  its  proceed- 
ings, and  publish  the  same,  and  the  yeas  and  nays  of  the 
members  of  either  house,  on  any  question,  shall,  at  the 
desire  of  any  three  members  present,  be  entered  on  the 
journal. 

Sec.  11.  Members  of  the  Legislature  shall,  in  all  cases, 
except  treason,  felony,  and  breach  of  the  peace,  be  priv- 
ileged from  arrest,  and  shall  not  be  subject  to  any  civil 
process  during  the  session  of  the  Legislature,  nor  for  fif- 
teen days  next  before  the  comineuccmcnt  and  after  the 
termination  of  each  session. 

Sec.  12.  When  vacancies  occur  in  either  house,  the 
Governor,  or  the  person  exercising  tlie  functions  of  the 
Governor,  shall  issue  writs  of  election  to  iill  such  va- 
cancies. 

Sec.  13.  The  doors  of  each  house  shall  be  open,  except 
on  such  occasions  as,  in  the  opinion  of  the  house,  may  re- 
quire secrecy. 


CALIFORNIA    COXSTITrTION.  53 

Skc.  14.  Neither  house  shall,  without  the  consent  of 
the  other,  adjourn  for  more  than  three  days,  nor  to  any 
place  other  than  that  in  which  they  may  be  sitting.  Nor 
shall  the  members  of  either  house  draw  pay  for  any  recess 
or  adjournment  for  a  longer  time  than  three  days. 

Sec.  15.  No  law  shall  be  passed  except  by  bill.  Nor 
shall  any  bill  be  put  upon  its  tinal  passage  until  tlie  same, 
with  the  amendments  thereto,  shall  have  been  printed  for 
the  use  of  the  members;  nor  shall  any  bill  become  a  law 
unless  the  same  be  read  on  three  several  days  in  each 
house,  unless,  in  a  case  of  urgency,  two-thirds  of  the 
house  where  such  bill  may  be  pending,  shall,  by  a  vote  of 
yeas  and  nays,  dispense  with  this  provision.  Any  bill  may 
originate  in  either  house,  but  may  be  amended  or  rejected 
by  the  other;  and  on  the  final  passage  of  all  bills  they 
shall  be  read  at  length,  and  the  vote  shall  be  by  yeas  and 
nays  upon  each  bill  separately,  and  shall  be  entered  on 
the  journal,  and  no  bill  shall  become  a  law  without  the 
concurrence  of  a  majoritj^  of  the  members  elected  to  each 
house. 

Sec.  16.  Every  bill  which  may  have  passed  the  Legisla- 
ture shall,  before  it  becomes  a  law,  be  presented  to  the 
Governor.  If  he  approve  it,  he  shall  sign  it;  but  if  not, 
he  shall  return  it,  with  his  objections,  to  the  house  in 
which  it  originated,  which  shall  enter  such  objections 
upon  the  journal  and  proceed  to  reconsider  it.  If,  after 
such  reconsideration,  it  again  pass  both  houses,  by  yeas 
and  nays,  two-thirds  of  the  members  elected  to  each  house 
voting  therefor,  it  shall  become  a  law,  notwithstanding 
the  Governor's  objections.  If  any  bill  shall  not  be  re- 
turned within  ten  daj^s  after  it  shall  have  been  presented 
to  him  (Sundays  excepted),  the  same  shall  become  a  law 
in  like  manner  as  if  he  had  signed  it,  unless  the  Legisla- 
ture, by  adjournment,  prevents  such  return,  in  which  case 


54  CALIFORXIA    CONSTITUTION. 

it  shall  not  become  a  law,  unless  the  Governor,  within  ten 
days  after  such  adjournment  (Sundays  excepted)  shall  sign 
and  deposit  the  same  in  the  office  of  the  Secretary  of  State, 
in  which  case  it  shall  become  a  law  in  like  manner  as  if  it 
had  been  signed  by  him  before  adjournment.  If  any  bill 
presented  to  the  Governor  contains  several  items  of  appro- 
priation of  money,  he  may  object  to  one  or  more  items, 
while  approving  other  portions  of  the  bill.  In  such  case 
he  shall  append  to  the  bill,  at  the  time  of  signing  it,  a 
statement  of  the  items  to  which  he  objects,  and  the  reasons 
therefor,  and  the  appropriations  so  objected  to  shall  not 
take  effect  unless  passed  over  the  Governor's  veto,  as 
hereinbefore  provided.  If  the  Legislature  be  in  session, 
the  Governor  shall  transmit  to  the  house  in  which  the  bill 
originated,  a  copy  of  such  statement,  and  the  items  so  ob- 
jected to  shall  be  separately  reconsidered  in  the  same  man- 
ner as  bills  which  have  been  disapproved  by  the  Governor. 

Sec.  17.  The  Assembly  shall  have  the  sole  power  of  im- 
peachment, and  all  impeachments  shall  be  tried  by  the 
Senate.  When  sitting  for  that  purpose,  the  Senators  shall 
be  upon  oath  or  affirmation,  and  no  person  shall  be  con- 
victed without  the  concurrence  of  two-thirds  of  the  mem- 
bers elected. 

Sec.  is.  The  Governor,  Lieutenant-Governor,  Secretary 
of  State,  Controller,  Treasurer,  Attorney-General,  Sur- 
veyor-General, Chief  Justice  and  Associate  Justices  of  the 
Supreme  Court,  and  Judges  of  the  Superior  Courts,  shall 
be  liable  to  impeachment  for  any  misdemeanor  in  office; 
but  judgment  in  such  cases  shall  extend  only  to  removal 
from  office,  and  disqualification  to  hold  any  office  of  honor, 
trust,  or  profit  under  the  State;  but  the  party  convicted 
or  acquitted  shall  nevertlieless  be  liable  to  indictment, 
trial,  and  puiiishinent,  according  to  law.     All  other  civil 


CALIFORNIA   CONSTITUTIOX.  55 

officers  shall  be  tried  for  misdemeanor  in  office  in  such 
manner  as  the  Legislature  may  pro'/ide. 

Sec.  19.  No  Senator  or  member  of  Assembly  shall,  dur- 
ing the  term  for  which  he  shall  have  been  elected,  be  ap- 
pointed to  any  civil  office  of  profit  under  this  State  which 
shall  have  been  created,  or  the  emoluments  of  which  have 
been  increased,  during  such  term,  except  such  offices  as 
may  be  filled  by  election  by  the  people. 

Sec.  20.  No  person  holding  any  lucrative  office  under 
the  United  States,  or  any  other  power,  shall  be  eligible  to 
any  civil  office  of  profit  under  this  State;  provided,  that 
officers  in  the  militia,  who  receive  no  annual  salary,  local 
officers,  or  postmasters  whose  compensation  does  not  ex- 
ceed five  hundred  dollars  per  annum,  shall  not  be  deemed 
to  hold  lucrative  offices. 

Sec.  21.  No  person  convicted  of  the  embezzlement  or 
defalcation  of  the  public  funds  of  the  United  States,  or  of 
any  State,  or  of  any  county  or  municipality  therein,  shall 
ever  be  eligible  to  any  office  of  honor,  trust,  or  profit  un- 
der this  State,  and  the  Legislature  shall  provide,  by  law, 
for  the  punishment  of  embezzlement  or  defalcation  as  a 
felony. 

Sec.  22.  No  money  shall  be  drawn  from  the  treasury  but 
in  consequence  of  appropriations  made  by  law,  and  upon 
warrants  duly  drawn  thereon  by  the  Controller;  and  no 
money  shall  ever  be  appropriated  or  drawn  from  the  State 
Treasury  for  the  use  and  benefit  of  any  corporation,  asso- 
ciation, asylum,  hospital,  or  any  other  institution  not 
under  the  exclusive  management  and  control  of  the  State 
as  a  State  institution,  nor  shall  any  grant  or  donation  of 
property  ever  be  made  thereto  by  the  State;  provided,  that 
notwithstanding  anything  contained  in  this  or  any  other 
section  of  this  Constitution,  the  Legislature  shall  have 
the  power  to  grant  aid  to  institutions  conducted  for  the 


56  CALIFORISriA    CONSTITUTION. 

support  and  maintenance  of  minor  orphans,  or  half  or- 
phans, or  abandoned  children,  or  aged  persons  in  indigent 
circumstances — such  aid  to  be  granted  by  a  uniform  rule, 
and  proportioned  to  the  number  of  inmates  of  such  re- 
spective institutions;  provided  further,  that  the  State  shall 
have,  at  any  time,  the  right  to  inquire  into  the  manage- 
ment of  such  institution;  j^'^'ovided  Jurther,  that  whenever 
any  county,  or  city  and  county,  or  city,  or  town,  shall 
provide  for  the  support  of  minor  orphans,  or  half  orphans, 
or  abandoned  children,  or  aged  persons  in  indigent  cir- 
cumstances, such  county,  city  and  county,  city,  or  town, 
shall  be  entitled  to  receive  the  same  p/'O  rata  appropria- 
tions as  may  be  granted  to  such  institutions  under  church 
or  other  control.  An  accurate  statement  of  the  receipts 
and  expenditures  of  public  moneys  shall  be  attached  and. 
published  with  the  laws  at  every  regular  session  of  the 
Legislature. 

Sec.  23.  The  members  of  the  Legislature  shall  receive 
for  their  services  a  per  diem  and  mileage,  to  be  fixed  by 
law,  and  paid  out  of  the  public  treasurj'^;  such  per  diem 
shall  not  exceed  eight  dollars,  and  such  mileage  shall  not 
exceed  ten  cents  per  mile,  and  for  contingent  expenses  not 
exceeding  twenty-five  dollars  for  each  session.  No  in- 
crease in  compensation  or  mileage  shall  take  effect  during 
the  term  for  which  the  members  of  either  house  shall  have 
been  elected,  and  the  pay  of  no  attache  shall  be  increased 
after  he  is  elected  or  appoii^ted. 

Sec.  24.  Every  Act  shall  embrace  but  one  subject,  which 
subject  shall  be  expressed  in  its  title.  But  if  any  subject 
shall  be  embraced  in  an  Act  which  shall  not  be  expressed 
in  its  title,  such  Act  shall  be  void  only  as  to  so  much 
thereof  as  shall  not  be  expressed  in  its  title.  No  law  shall 
be  revised  or  amended  by  reference  to  its  title;  but  in  such 
case  the  Act  rovi.sed   or  section  amended  shall  be  rc-en- 


CALIFORNIA    CONSTITUTION.  57 

acted  and^iublisheJ  at  length  as  revised  or  amended;  and 
all  laws  of  the  State  of  California,  and  all  official  writings, 
and  the  executive,  legislative,  and  judicial  proceedings 
shall  be  conducted,  preserved,  and  published  in  no  other 
than  the  English  language. 

8ec.  25.  The  Legislature  shall  not  pass  local  or  special 
laws,  in  any  of  the  following  enumerated  cases,  that  is  to 
say: 

First — Regulating  the  jurisdiction  and  duties  of  Justices 
of  the  Peace,  Police  Judges,  and  of  Constables. 

Second — For  the  punishment  of  crimes  and  misde- 
meanors. 

Tldrd — Regulating  the  practice  of  Courts  of  justice. 

Fourth — Providing  for  changing  the  venue  in  civil  or 
criminal  actions. 

Fifth — Granting  divorces. 

Sixth — Changing  the  names  of  persons  or  places. 

Seventh — Authorizing  the  laying  out,  opening,  altering, 
maintaining,  or  vacating  roads,  highways,  streets,  alleys, 
town  plots,  parks,  cemeteries,  graveyards,  or  public 
grounds  not  owned  by  the  State. 

Ehjhth — Summoning  and  impaneling  grand  and  petit 
juries,  and  providing  for  their  compensation. 

Ninth — Regulating  county  and  township  business,  or 
the  election  of  county  or  township  officers. 

Tenth — For  the  assessment  or  collection  of  taxes. 

Eleventh — Providing  for  conducting  elections,  or  desig- 
nating the  places  of  voting,  except  on  the  organization  of 
new  counties. 

Twelftli — Aftecting  estates  of  deceased  persons,  minors, 
or  other  persons  under  legal  disabilities. 

Thirteenth — Extending  the  time  for  the  collection  of 
taxes. 


58  CALIFORNIA   CONSTITUTION. 

Fourteenth — Giving  effect  to  invalid  deeds,  wills,  or 
other  instruments. 

Fifteenth  —  Refunding  money  paid  into  the  State 
Treasury. 

Sixteenth — Releasing,  or  extinguishing,  in  whole  or  in 
part,  the  indebtedness,  liability,  or  obligation  of  any  cor- 
poration or  person  to  this  State,  or  to  any  municipal  cor- 
poration therein. 

Seventeenth — Declaring  any  person  of  age,  or  authorizing 
any  minor  to  sell,  lease,  or  incumber  his  or  her  property. 

Elcjhteenth  —Legalizing,  except  as  against  the  State,  the 
unauthorized  or  invalid  act  of  any  officer. 

Nineteenth — Grancing  to  any  corporation,  association,  or 
individual  any  special  or  exclusive  right,  privilege,  or  im- 
munity. 

Twentieth — Exempting  property  from  taxation. 

Twenty-first — Changing  county  seats. 

Tiventy -second — Restoring  to  citizenship  persons  con- 
victed of  infamous  crimes. 

Twenty-third — Regulating  the  rate  of  interest  on  money. 

Twenty-fourth — Authorizing  the  creation,  extension,  or 
impairing  of  liens. 

Twenty  fi J th—Oaoxtoxxw^^  or  licensing  ferries,  bridges,  or 
roads. 

Twenty -sixth — Remitting  fines,  penalties,  or  forfeitures. 

Tiventy- seventh — Providing  for  the  management  of  com- 
mon schools. 

Twenty -ei<ilith — Creating  offices,  or  prescribing  the  pow- 
ers and  duties  of  officers  in  counties,  cities,  cities  and 
counties,  township,  election,  or  school  districts. 

Twenty-ninth — Affecting  the  fees  or  salary  of  any  officer. 

Thirtieth — Changing  the  law  of  descent  or  succession. 

Thirty-first — Authorizing  the  adoption  or  legitimation  of 
children. 


CALIFORNIA    CONSTITUTION.  59 

Thirty-second — For  limitation  of  civil  or  criminal  actions. 

Thirty-third — In  all  other  cases  where  a  general  law  can 
be  made  applicable. 

Sec.  26.  The  Legislature  shall  have  no  power  to  authorize 
lotteries  or  gift  enterprises  for  any  purpose,  and  shall  pass 
laws  to  prohibit  the  sale  in  this  State  of  lottery  or  gift  en- 
terprise tickets,  or  tickets  in  any  scheme  in  the  nature  of 
a  lottery.  The  Legislature  shall  pass  laws  to  regulate  or 
prohibit  the  buying  and  selling  of  the  shares  of  the  capital 
stock  of  corporations  in  any  stock  board,  stock  exchange, 
or  stock  market  under  the  control  of  any  association.  All 
contracts  for  the  sale  of  shares  of  the  capital  stock  of  any 
corporation  or  association,  on  margin,  or  to  be  delivered  at 
a  future  day,  shall  be  void,  and  any  money  paid  on  such 
contracts  may  be  recovered  by  the  party  paying  it  by  suit 
in  any  Court  of  competent  jurisdiction. 

Sec.  27.  When  a  congressional  district  shall  be  composed 
of  two  or  more  counties,  it  shall  not  be  separated  by  any 
county  belonging  to  another  district.  No  county,  or  city 
and  county,  shall  be  divided  in  forming  a  congressional 
district  so  as  to  attach  one  portion  of  a  county,  or  city  and 
county,  to  another  county,  or  city  and  county,  except  in 
cases  where  the  one  county,  or  city  and  county,  has  more 
population  than  the  ratio  required  for  one  or  more  Con- 
gressmen ;  but  the  Legislature  may  divide  any  county,  or 
city  and  county,  into  as  many  congressional  districts  as  it 
may  be  entitled  to  by  law.  Any  county,  or  city  and 
county,  containing  a  population  greater  than  the  number 
required  for  one  congressional  district,  shall  be  formed 
into  one  or  more  congressional  districts,  according  to  the 
population  thereof,  and  any  residue,  after  forming  such 
district  or  districts,  shall  be  attached  by  compact  adjoin- 
ing assembly  districts,  to  a  contiguous  county  or  counties, 
and  form  a  congressional  district.     In  dividing  a  county, 


60  CALIFOEXIA    CONSTITUTION". 

or  city  and  county,  into  congressional  districts,  no  assem- 
bly district  shall  he  divided  so  as  to  form  a  part  of  more 
than  one  congressional  district,  and  every  such  congres- 
sional district  shall  be  composed  of  compact  contiguous 
assembly  districts. 

Sec.  28.  In  all  elections  by  the  Legislature  the  members 
thereof  shall  vote  viva  voce,  and  the  votes  shall  be  entered 
on  the  Journal. 

Sec.  29.  The  general  appropriation  bill  shall  contain  no 
item  or  items  of  appropriation  other  than  such  as  are  re- 
quired to  pay  the  salaries  of -the  State  officers,  and  expenses 
of  the  government,  and  of  the  institutions  under  the  ex- 
clusive control  and  management  of  the  State. 

Sec.  30.  Neither  the  Legislature,  nor  any  county,  city 
and  county,  township,  school  district,  or  other  municipal 
corporation,  shall  ever  make  an  appropriation,  or  pay  from 
any  puldic  fund  whatever,  or  grant  anything  to  or  in  aid 
of  any  religious  sect,  church,  creed,  or  sectarian  purpose, 
or  help  to  support  or  sustain  any  school,  college,  university, 
hospital,  or  other  institution  controlled  by  any  religious 
creed,  church,  or  sectarian  denomination  whatever ;  nor 
shall  any  grant  or  donation  of  personal  property  or  real 
estate  ever  be  made  by  the  State,  or  any  city,  city  and 
county,  town,  or  other  municipal  corporation,  for  any 
religious  creed,  church,  or  sectarian  purpose  whatever ; 
provided,  that  nothing  in  this  section  shall  prevent  the 
Legislature  granting  aid  pursuant  to  section  twenty -two 
of  this  article. 

Sec.  31.  The  Legislature  shall  have  no  power  to  give  or 
to  lend,  or  to  authorize  the  giving  or  lending  of  the  credit 
of  the  State,  or  of  any  county,  city  and  county,  city, 
township,  or  other  political  corporation  or  subdivision  of 
the  State  now  existing,  or  that  may  be  hereafter  estab- 
lished, in  aid  of  or  to  any  person,  association,  or  corpor- 


CALIFORNIA    CONSTITUTION.  61 

ation,  whether  municipal  or  otherwise,  or  to  pledge  the 
credit  thereof,  in  any  manner  whatever,  for  the  payment 
of  the  liabilities  of  any  individual,  association,  municipal 
or  other  corporation  whatever  ;  nor  shall  it  have  power 
to  make  any  gift  or  authorize  the  making  of  any  gift,  or 
any  public  money  or  thing  of  value,  to  any  individual, 
municipal  or  other  corporation  whatever  ;  proinded,  that 
nothing  in  this  section  shall  prevent  the  Legislature  grant- 
ing aid  pursuant  to  section  twenty-two  of  this  article  ;  and 
it  shall  not  have  power  to  authorize  the  State,  or  any 
political  subdivision  thereof,  to  subscribe  for  stock,  or  to 
become  a  stockholder  in  any  corporation  whatever. 

Sec.  32.  The  Legislature  shall  have  no  power  to  grant, 
or  authorize  any  county  or  municipal  authority  to  grant, 
any  extra  compensation  or  allowance  to  any  public  oflBcer, 
agent,  servant,  or  contractor,  after  service  has  been  ren- 
dered, or  a  contract  has  been  entered  into  and  performed, 
in  whole  or  in  part,  nor  to  pay  or  to  authorize  the  paj^ment 
of,  any  claim  hereafter  created  against  the  State,  or  any 
county  or  municipality  of  the  State,  under  any  agreement 
or  contract  made  without  express  authority  of  law  ;  and. 
all  such  unauthorized  agreements  or  contracts  shall  be  null 
and  void. 

Sec.  33.  The  Legislature  shall  pass  laws  for  the  regula- 
tion and  limitation  of  the  charges  for  services  performed 
and  commodities  furnished  by  telegraph  and  gas  corpor- 
ations, and  the  charges  b}^  corporations  or  individuals  for 
storage  ami  wharfage,  in  which  there  is  a  public  use  ;  and. 
where  laws  shall  provide  for  the  selection  of  any  person 
or  officer  to  regulate  or  limit  such  rates,  no  person  or  offi- 
cer shall  be  selected,  by  any  corporation  or  individual  in- 
terested in  the  business  to  be  regulated,  and  no  person 
shall  be  selected  who  is  an  officer  or  stockholder  in  any 
such  corporation. 


62  CALIFORNIA    CONSTITUTIO>'. 

Sec.  34.  No  bill  making  an  appropriation  for  money, 
except  the  general  appropriation  bill,  shall  contain  more 
than  one  item  of  appropriation,  and  that  for  one  single 
and  certain  purpose  to  be  therein  expressed. 

Sec.  85.  Any  person  who  seeks  to  influence  tlie  vote  of 
a  member  of  the  Legislature  hy  bribery,  promise  of  reward, 
intimidation,  or  anj'  other  dishonest  means,  shall  be  guilty 
of  lobbying,  which  is  hereby  declared  a  felony ;  and  it 
shall  be  the  dutj'^  of  the  Legislature  to  provide,  by  law, 
for  the  punishment  of  this  crime.  Any  member  of  the 
Legislature,  who  shall  be  influenced  in  his  vote  or  action 
upon  any  matter  pending  before  the  Legislature  by  any 
reward,  or  promise  of  future  reward,  shall  be  deemed 
guilty  of  a  felony,  and  upon  conviction  thereof,  in  addition 
to  such  punishment  as  may  be  provided  by  law,  shall  be 
disfranchised  and  forever  disqualified  from  holding  any 
office  of  public  trust.  Any  person  may  be  compelled  to 
testify  in  any  lawful  investigation  or  judicial  proceeding 
against  any  person  who  may  be  charged  with  having  com- 
mitted the  ofi"ense  of  bribery  or  corrupt  solicitation,  or 
with  having  been  influenced  in  his  vote  or  action,  as  a 
member  of  the  Legislature,  by  reward,  or  promise  of  fu- 
ture reward,  and  shall  not  be  permitted  to  withhold  his 
testimony  upon  the  ground  that  it  may  criminate  himself, 
or  subject  him  to  public  infamy  ;  but  such  testimony  shall 
not  afterwards  1)0  used  against  him  in  any  judicial  pro- 
ceeding, except  for  perjury  in  giving  such  testimony. 

ARTICLE  V. 

Section  L  The  supi-eme  executive  power  of  this  State 
sliall  be  vested  in  a  Chief  Magistrate,  who  shall  be  styled 
the  Governor  of  the  State  of  California. 

Sec.  2.  The  Governor  shall  be  elected  by  the  qualified 
electors  at  the  time  and  place  of  voting  for  members  of  the 


CALIFORNIA    CONSTITUTION.  63 

Assembly,  and  shall  hold  his  office  four  years  from  and 
after  the  first  day  of  January  subsequent  to  his  election, 
and  until  his  successor  is  elected  and  qualified. 

8ec.  3.  No  person  shall  be  eligible  to  the  office  of  Gov- 
ernor who  has  not  been  a  citizen  of  the  United  States  and 
a  resilient  of  this  State  five  years  next  preceding  his  elec- 
tion, and  attained  the  age  of  twenty-five  years  at  the  time 
of  such  election. 

Sec.  4.  The  returns  of  every  election  for  Governor  shall 
be  sealed  up  and  transmitted  to  the  seat  of  government, 
directed  to  the  Speaker  of  the  Assembly,  who  shall,  during 
the  first  week  of  the  session,  open  and  publish  them  in  the 
presence  of  both  houses  of  the  Legislature.  The  person 
having  the  highest  number  of  votes  shall  be  Governor; 
but,  in  case  any  two  or  more  have  an  equal  and  the  high- 
est number  of  votes,  the  Legislature  shall,  by  joint  vote 
of  both  houses,  choose  one  of  such  persons  having  an  equal 
and  the  highest  number  of  votes  for  Governor. 

Sec.  5.  The  Governor  shall  be  Commander-in-Chief  of 
the  militia,  the  army  and  navy  of  this  State. 

Sec.  6.  He  shall  transact  all  executive  business  with 
the  officers  of  government,  civil  and  military,  and  may  re- 
quire information,  in  writing,  from  the  officers  of  the  ex- 
ecutive department,  upon  any  subject  relating  to  the 
duties  of  their  respective  offices. 

Sec.  7.  He  shall  see  that  all  the  laws  are  faithfully  exe- 
cuted. 

Sec.  8.  When  any  office  shall,  from  any  cause,  become 
vacant,  and  no  mode  is  provided  by  the  Constitution  and 
law  for  filling  such  vacanc}^  the  Governor  shall  have 
power  to  fill  such  vacancy  by  granting  a  commission, 
which  shall  expire  at  the  end  of  the  next  session  of  the 
Legislature,  or  at  the  next  election  by  the  people. 


64  CALIFORNIA    CONSTITUTION. 

Sec.  9.  He  may,  on  extraordinary  occasions,  convene 
the  Legislature  by  proclamation,  stating  the  purposes  for 
which  he  has  convened  it,  and  when  so  convened  it  shall 
have  no  power  to  legislate  on  any  subjects  other  than 
those  specified  in  the  proclamation,  but  may  provide  for 
the  expenses  of  the  session  and  other  matters  incidental 
thereto. 

Sec.  10.  He  shall  communicate  by  message  to  the  Legis- 
lature, at  every  session,  the  condition  of  the  State,  and 
recommend  such  matters  as  he  shall  deem  expedient. 

Sec.  11.  In  case  of  disagreement  between  the  two  houses 
with  respect  to  the  time  of  adjournment,  the  Governor 
shall  have  power  to  adjourn  the  Legislature  to  such  time 
as  he  may  think  proper;  provided,  it  be  not  beyond  the 
time  fixed  for  the  meeting  of  the  next  Legislature. 

Sec.  12.  No  person  shall,  while  holding  any  ofllce  under 
the  United  States  or  this  State,  exercise  the  office  of  Gov- 
ernor except  as  hereinafter  expressly  provided. 

Sec.  13.  There  shall  be  a  seal  of  this  State,  which  shall 
be  kept  by  the  Governor,  and  used  by  him  officially,  and 
shall  be  called  *'  The  Great  Seal  of  the  State  of  California." 

Sec.  14.  All  grants  and  commissions  shall  be  in  the 
name  and  by  the  authority  of  The  People  of  the  State  of 
California,  sealed  with  the  great  seal  of  the  State,  signed 
})y  the  Governor,  and  countersigned  by  the  Secretary  of 
State. 

Sec.  15.  A  Lieutenant-(j!ovenior  shall  be  elected  at  the 
same  time  and  places,  and  in  the  same  manner,  as  the 
Governor,  and  his  term  of  office  and  his  qualilications  of 
eligibility  shall  also  be  the  same.  He  shall  be  the  Presi- 
dent of  the  Senate,  but  shall  have  only  a  casting  vote 
therein.  If,  during  a  vacancy  of  the  office  of  Governor, 
the  Lieutenant-Governor  shall  be  impeached,  displaced, 
resign,  die,  or  become  incapable  of  performing  the  duties 


rALiFORNiA  roNSTiTrxrox.  65 

of  his  office,  or  be  absent  from  the  State,  the  President 
2>ro  tempore  of  the  Senate  shall  act  as  Governor  until  the 
vacancy  be  tilled  or  the  disability  shall  cease.  The  Lieu- 
tenant-Governor shall  be  disqualified  from  holding  any 
other  office,  except  as  specially  provided  in  this  Constitu- 
tion, during  the  term  for  which  he  shall  have  been  elected. 

Sec.  16.  In  case  of  the  impeachment  of  the  Governor, 
or  his  removal  from  office,  death,  inability  to  discharge 
the  powers  and  duties  of  said  office,  resignation,  or  ab- 
sence from  the  State,  the  powers  and  duties  of  the  oflBce 
shall  devolve  upon  the  Lieutenant-Governor  for  the  residue 
of  the  term,  or  until  the  disability  shall  cease.  But  when 
the  Governor  shall,  with  the  consent  of  the  Legislature, 
be  out  of  the  State  in  time  of  war,  at  the  head  of  any  mili- 
tary force  thereof,  he  shall  continue  Commander-in-Chief 
of  all  the  military  forces  of  the  State. 

Sec.  17.  A  Secretary  of  State,  a  Controller,  a  Treasurer, 
an  Attorney-General,  and  a  Surveyor-General  shall  be 
elected  at  the  same  time  and  places,  and  in  the  same  man- 
ner, as  the  Governor  and  Lieutenant-Governor,  and  their 
terms  of  office  shall  be  the  same  as  that  of  the  Governor. 

Sec.  18.  The  Secretary  of  State  shall  keep  a  correct 
record  of  the  official  acts  of  the  legislative  and  executive 
departments  of  the  government,  and  shall,  when  required, 
lay  the  same,  and  all  matters  relative  thereto,  before 
either  branch  of  the  Legislature,  and  shall  perform  such 
other  duties  as  may  be  assigned  him  by  law. 

Sec.  19.  The  Governor,  Lieutenant-Governor,  Secretary 
of  State,  Controller,  Treasurer,  Attorney-General,  and 
Surveyor-General  shall,  at  stated  times  during  their  con- 
tinuance in  office,  receive  for  their  services  a  compensation 
which  shall  not  be  increased  or  diminished  during  the 
term  for  which  they  shall  have  been  elected,  which  com- 
pensation is  hereby  fixed  for  the  following  officers  for  the 


66  CALIFORNIA    CONSTITUTION. 

two  terms  next  ensuing  the  adoption  of  this  Constitution, 
as  follows:  Governor,  six  thousand  dollars  per  annum; 
Lieutenant-Governor,  the  same  per  diem  as  may  be  pro- 
vided by  law  for  the  Speaker  of  the  Assembly,  to  be  al- 
lowed only  during  the  session  of  the  Legislature;  the  Sec- 
retary of  State,  Controller,  Treasurer,  Attorney-Genei'al, 
and  Surveyor-General,  three  thousand  dollars  each  per 
annum,  such  compensation  to  be  in  full  for  all  services 
by  them  respectively  rendered  in  any  official  capacity  or 
employment  whatsoever  during  their  respective  terms  of 
ofl&ce;  provided,  liowever,  that  the  Legislature,  after  the 
expiration  of  the  terms  hereinbefore  mentioned,  may  by 
law  diminish  the  compensation  of  any  or  all  such  officers, 
but  in  no  case  shall  have  the  pow'er  to  increase  the  same 
above  the  sums  hereby  fixed  by  this  Constitution.  No 
salary  shall  be  authorized  by  law  for  clerical  service,  in 
any  office  provided  for  in  this  article,  exceeding  sixteen 
hundred  dollars  per  annum  for  each  clerk  employed.  The 
Legislature  may,  in  its  discretion,  abolish  the  office  of 
Surveyor-General;  and  none  of  the  officers  hereinbefore 
named  shall  receive  for  their  own  use  any  fees  or  per- 
quisites for  the  performance  of  any  official  duty. 

Sec,  20.  The  Governor  shall  not,  during  his  term  of 
office,  be  elected  a  Senator  to  the  Senate  of  the  United 
States. 

ARTICLE   VI. 

Section  1.  The  judicial  power  of  the  State  shall  be 
vested  in  the  Senate  sitting  as  a  Court  of  Impeachment, 
in  a  Supreme  Court,  Superior  Courts,  Justices  of  the 
Peace,  and  such  inferior  Courts  as  the  Legislature  may 
establish  in  any  incorporated  city,  or  town,  or  city  and 
county. 

Sec.  2.  The  Supreme  Court  shall  consist  of  a  Chief 
Justice  and  six  Associate  Justices.     The  Court  may  sit  in 


CALIFORNIA    CONSTITCTIO.V.  67 

departments  and  in  bank,  and  shall  always  be  open  for 
the  transaction  of  business.  There  shall  be  two  depart- 
ments, denominated,  respectively,  Department  One  and 
Department  Two.  The  Chief  Justice  shall  assign  three  of 
the  Associate  Justices  to  each  department,  and  such  assign- 
ment may  be  changed  by  him  from  time  to  time.  The 
Associate  Justices  shall  be  competent  to  sit  in  either  de- 
partment, and  may  interchange  with  each  other  by  agree- 
ment among  themselves  or  as  ordered  by  the  Chief  Justice. 
Each  of  the  departments  shall  have  the  power  to  hear  and 
determine  causes  and  all  questions  arising  therein,  subject 
to  the  provisions  hereinafter  contained  in  relation  to  the 
Court  in  bank.  The  presence  of  three  Justices  shall  be 
necessary  to  transact  any  business  in  either  of  the  depart- 
ments, except  such  as  may  be  done  at  chambers,  and  the 
concurrence  of  three  Justices  shall  be  necessary  to  pro- 
nounce a  judgment.  The  Chief  Justice  shall  apportion 
the  business  to  the  departments,  and  may,  in  his  discre- 
tion, order  any  cause  pending  before  the  Court  to  be  heard 
and  decided  by  the  Court  in  bank.  The  ortler  may  be 
made  before  or  after  judgment  pronounced  by  a  depart, 
ment;  but  where  a  cause  has  been  allotted  to  one  of  the  de- 
partments, and  a  judgment  pronounced  thereon,  the  order 
must  be  made  within  thirty  days  after  such  judgment  and 
concurred  in  by  two  Associate  Justices,  and  if  so  made  it 
shall  have  the  eflFect  to  vacate  and  set  aside  the  judgment. 
Any  four  Justices  may,  either  before  or  after  judgment  by 
a  department,  order  a  case  to  be  heard  in  bank. '  If  the 
order  be  not  made  within  the  time  above  limited,  the  judg- 
ment shall  be  final.  Xo  judgment  by  a  department  shall 
become  final  until  the  expiration  of  the  period  of  thirty 
days  aforesaid,  unless  approved  by  the  Chief  Justice  in' 
writing,  with  the  concurrence  of  two  Associate  Justices. 
The  Chief  Justice  may  convene  the  Court  in  bank  at  any 


68  CALIFORXIA    CONSTITUTIOIf. 

time,  and  shall  be  the  presiding  Justice  of  the  Court  when 
so  convened.  The  concuri'ence  of  four  Justices  present  at 
the  argument  shall  be  necessary  to  pronounce  a  judgment 
in  bank;  but  if  four  Justices,  so  present,  do  not  concur  in 
a  judgment,  then  all  the  Justices  qualified  to  sit  in  the 
cause  shall  hear  the  argument;  but  to  render  a  judgment 
a  concurrence  of  four  Judges  shall  be  necessary.  In  the 
determination  of  causes,  all  decisions  of  the  Court  in  bank 
or  in  departments  shall  be  given  in  writing,  and  the 
grounds  of  the  decision  shall  be  stated.  The  Chief  Jus- 
tice maj'  sit  in  either  department,  and  shall  preside  when 
so  sitting,  but  the  Justices  assigned  to  each  department 
shall  select  one  of  their  number  as  presiding  Justice.  In 
case  of  the  absence  of  the  Chief  Justice  from  the  place  at 
which  the  Court  is  held,  or  his  inability  to  act,  the  Asso- 
ciate Justices  shall  select  one  of  their  own  number  to  per- 
form the  duties  and  exercise  the  powers  of  the  Chief  Jus- 
tice during  such  absence  or  inability  to  act. 

Sec.  3.  The  Chief  Justice  and  the  Associate  Justices 
shall  be  elected  by  the  qualified  electors  of  the  State  at 
large  at  the  general  State  elections,  at  the  times  and  places 
at  which  the  State  ofiicers  are  elected  ;  and  the  term  of 
office  shall  be  twelve  years,  from  and  after  the  first  Mon- 
day after  the  first  day  of  January  next  succeeding  their 
election  ;  provided,  that  the  six  Associate  Justices  elected 
at  the  first  election  shall,  at  their  iirst  meeting,  so  classify 
themselves,  by  lot,  that  two  of  them  shall  go  out  of  office 
at  the  end  of  four  years,  two  of  them  at  the  end  of  eight 
years,  and  two  of  them  at  the  end  of  twelve  years,  and  an 
entry  of  such  classification  shall  be  made  in  the  minutes 
of  the  Court  in  bank,  signed  by  them,  and  a  duplicate 
thereof  shall  be  filed  in  the  office  of  the  Secretary  of  State. 
If  a  vacancy  occur  in  the  office  of  a  Justice,  the  (rovernor 
shall  appoint  a  person  to  hold  the  ofiice  until  the  election 


CALIKOUMA   COKSTITUTIO.V.  69 

and  qualiHcatiou  of  a  Justice  to  till  the  vacancy,  which 
election  shall  take  place  at  the  next  succeeding  general 
election,  and.  the  Justice  so  elected  shall  hold  the  office  for 
the  remainder  of  the  unexpired  term.  The  first  election 
of  the  Justices  shall  be  at  the  first  general  election  after 
the  adoption  and  ratification  of  this  Constitution, 

Sec,  4.  The  Supreme  Court  shall  have  appellate  juris- 
diction in  all  cases  in  equity,  except  such  as  arise  in  Justices' 
Courts  ;  also,  in  all  cases  at  law  which  involve  the  title  or 
possession  of  real  estate,  or  the  legality  of  any  tax,  impost, 
assessment,  toll,  or  municipal  fine,  or  in  which  the  demand, 
exclusive  of  interest,  or  the  value  of  the  property  in  con- 
troversy, amounts  to  three  hundred  dollars  ;  also,  in  cases 
of  forcible  entry  and.  detainer,  and  in  proceedings  in  insol- 
vency, and  in  actions  to  prevent  or  abate  a  nuisance,  and 
in  all  such  probate  matters  as  may  be  provided  by  law  ; 
also,  in  all  criminal  cases  prosecuted  by  indictment  or  in- 
formation in  a  Court  of  record  on  questions  of  law  alone. 
The  Court  shall  also  have  power  to  issue  writs  of  man- 
damus, certiorari,  prohibition,  and  habeas  corpus,  and  all 
other  writs  necessary  or  proper  to  the  complete  exercise 
of  its  appellate  jurisdiction.  Each  of  the  Justices  shall 
have  power  to  issue  writs  of  habeas  corpus  to  any  part  of 
the  State,  upon  petition  by  or  on  behalf  of  any  person 
held  in  actual  costody,  and  may  make  such  writs  return- 
able before  himself,  or  the  Supreme  Court,  or  before  any 
Superior  Court  in  the  State,  or  before  any  judge  thereof. 

Sec.  5.  The  Superior  Court  shall  have  original  juris- 
diction in  all  cases  in  equity,  and  in  all  cases  at  law  which 
involve  the  title  or  possession  of  real  property,  or  the  le- 
gality of  any  tax,  impost,  assessment,  toll,  or  municipal 
fine,  and  in  all  other  cases  in  which  the  demand,  exclusive 
of  interest,  or  the  value  of  the  property  in  controversy, 
amounts  to  three  hundred  dollars,  and  in  all  criminal  cases 


70  CALIFORNIA    CONSTITDTION. 

amounting  to  felony,  and  in  cases  of  misdemeanor  not 
otherwise  provided  for ;  of  actions  of  forcible  entry  and 
detamer ;  of  proceedings  in  insolvency  ;  of  actions  to  pre- 
vent or  abate  a  nuisance  ;  of  all  matters  of  probate  ;  of 
divorce  and  for  annulment  of  marriage,  and  of  all  such 
special  cases  of  proceedings  as  are  not  otherwise  provided 
for.  And  said  Court  shall  have  the  power  of  naturalization, 
and  to  issue  papers  therefor.  They  shall  have  appellate 
jurisdiction  in  such  cases  arising  in  Justices'  and  other  in- 
ferior Courts  in  their  respective  counties  as  may  be  pre- 
scribed by  law.  They  shall  always  be  open  (legal  holidays 
and  non- judicial  days  excepted),  and  their  process  shall 
extend  to  all  parts  of  the  State  ;  provided,  that  all  actions 
for  the  recovery  of  the  possession  of,  quieting  the  title  to, 
or  for  the  enforcement  of  liens  upon  real  estate,  shall  be 
commenced  in  the  county  in  which  the  real  estate,  or  any 
part  thereof  affected  by  such  action  or  actions,  is  situated. 
Said  Courts,  and  their  Judges,  shall  have  power  to  issue 
writs  of  mandamus,  certiorari,  prohibition,  q\io  warranto, 
and  habeas  corpus,  on  petition  by  or  on  behalf  of  any  per- 
son in  actual  custody  in  their  respective  counties.  In- 
junctions and  writs  of  prohibition  may  be  issued  and 
served  on, legal  holidays  and  non-judicial  days. 

Sec.  6.  There  shall  be  in  each  of  the  organized  counties, 
or  cities  and  counties,  of  the  State,  a  Superior  Court,  for 
each  of  which  at  least  one  Judge  shall  be  elected  by  the 
qualified  electors  of  the  county,  or  city  and  county,  at 
the  general  State  election  ;  provided,  that  until  otherwise 
ordered  by  the  Legislature,  only  one  Judge  shall  be  elected 
for  the  Counties  of  Yuba  and  Sutter,  and  that  in  the  City 
and  County  of  San  Francisco  there  shall  be  elected  twelve 
Judges  of  the  Superior  Court,  any  one  or  more  of  whom 
may  hold  Court.  There  may  be  as  many  sessions  of  said 
Court,  ^t  the  same  time,  as  there  are  Judges  thereof.    The 


CALIFORNIA    CONSTITUTION.  71 

said  Judges  shall  choose,  from  their  own  number,  a  pre- 
siding Judge,  who  may  be  removed  at  their  pleasure.  He 
shall  distribute  the  business  of  the  Court  among  the  Judges 
thereof,  and  prescribe  the  order  of  business.  The  judg- 
ments, orders,  and  proceedings  of  any  session  of  the  Su- 
perior Court  held  by  any  one  or  more  of  the  .Judges  of 
said  Courts,  respectively,  shall  be  equally  effectual  as  if 
all  the  Judges  of  said  respective  Courts  presided  at  such 
session.  In  each  of  the  Counties  of  Sacramento,  San 
Joaquin,  Los  Angeles,  .Sonoma,  Santa  Clara,  and  Alameda 
there  shall  be  elected  two  such  Judges.  The  term  of  office 
of  Judges  of  the  Superior  Courts  shall  be  six  years  from 
and  after  the  first  Monday  of  January  next  succeeding 
their  election  ;  provided,  that  the  twelve  Judges  of  the 
Superior  Court  elected  in  the  City  and  County  of  San 
Francisco,  at  the  first  election  held  under  this  Constitution, 
sliall  at  their  first  meeting  so  classify  themselves,  by  lot, 
that  four  of  them  shall  go  out  of  office  at  the  end  of  two 
years,  and  four  of  them  shall  go  out  of  office  at  the  end  of 
four  years,  and  four  of  them  shall  go  out  of  office  at  the 
end  of  six  years,  and  an  entry  of  such  classification  shall 
be  made  in  the  minutes  of  the  Court,  signed  by  them,  and 
a  duplicate  thereof  filed  in  the  office  of  the  Secretary  of 
State,  The  first  election  of  J  udges  of  the  Superior  Courts 
shall  take  place  at  the  first  general  election  held  after  the 
adoption  and  ratification  of  this  Constitution.  If  a  vacancy 
occur  in  the  office  of  Judge  of  a  Superior  Court,  the  Gov- 
ernor shall  appoint  a  person  to  hold  the  office  until  the 
election  and  qualification  of  a  Judge  to  fill  the  vacancy, 
which  election  shall  take  place  at  the  next  succeeding  gen- 
eral election,  and  the  Judge  so  elected  shall  hold  office  for 
the  remainder  of  the  unexpired,  term. 

Sec.  7.   In  any  county,  or  city  and  county,  other  than 
the  City  and  County  of  San  Francisco,  in  which  there 


72  CALIFOEXIA   CONSTITUTION. 

shall  be  more  than  one  Judge  of  the  Superior  Court,  the 
Judges  of  such  Court  may  hold  as  many  sessions  of  said 
Court  at  the  same  time  as  there  are  Judges  thereof,  and 
shall  apportion  the  business  among  themselves  as  equally 
as  may  be. 

Sec.  8.  A  Judge  of  any  Superior  Court  may  hold  a  Su- 
perior Court  in  any  county,  at  the  request  of  a  Judge  of 
the  Superior  Court  thereof;  and  upon  request  of  the  Gov- 
ernor it  shall  be  his  duty  so  to  do.  But  a  cause  in  the 
Superior  Court  may  be  tried  by  a  Judge  pro  tempore,  who 
must  be  a  member  of  the  bar,  agreed  upon  in  writing  by 
the  parties  litigant  or  their  attorneys  of  record,  approved 
by  the  Court,  and  sworn  to  try  the  cause. 

Sec.  9.  The  Legislature  shall  have  no  power  to  grant 
leave  of  absence  to  any  judicial  officer;  and  any  such  offi- 
cer who  shall  absent  himself  from  the  State  for  more  than 
sixt}^  consecutive  days  shall  be  deemed  to  have  forfeited 
his  office.  The  Legislature  of  the  State  may,  at  any  time, 
two-thirds  of  the  members  of  the  Senate  and  two-thirds  of 
the  members  of  the  Assembly  voting  therefor,  increase  or 
diminish  the  number  of  Judges  of  the  Superior  Court  in 
any  county,  or  city  and  county,  in  the  State;  provided, 
that  no  such  reduction  shall  effect  any  Judge  who  has 
been  elected. 

Sec.  10.  The  Justices  of  the  Supreme  Court  and  Judges 
of  the  Superior  Courts  may  be  removed  by  concurrent  reso- 
lution of  both  houses  of  the  Legislature,  adopted  by  a  two- 
thirds  vote  of  each  house.  All  other  judicial  officers,  ex- 
cept Justices  of  the  Peace,  may  be  removed  by  the  Senate 
on  the  recou.mendatioa  of  the  Governor,  but  no  removal 
shall  be  made  by  virtue  of  this  section,  unless  the  cause 
thereof  be  entered  on  the  journal,  nor  unless  the  party 
complained  of  has  been  served  with  a  copy  of  the  com- 
plaint against  him,  and  sliall  have  had  an  opportunity  of 


CALIFORNIA    COXSTITUTIOX.  73 

being  heard  in  his  defense.  On  the  question  of  removal, 
the  ayes  and  noes  shall  be  entered  on  the  journal. 

Sec.  11.  The  Legislature  shall  determine  the  number  of 
Justices  of  the  Peace  to  be  elected  in  townships,  incorpo- 
rated cities  and  towns,  or  cities  and  counties,  and  shall  fix 
by  law  the  powers,  duties,  and  responsibilities  of  Justices 
of  the  Peace;  'provided,  such  powers  shall  not  in  any  case 
trench  upon  the  jurisdiction  of  the  several  Courts  of 
record,  except  that  said  Justices  shall  have  concurrent 
jurisdiction  with  the  Superior  Courts  in  cases  of  forcible 
entry  and  detainer,  where  the  rental  value  does  not  exceed 
twenty-five  dollars  per  month,  and  where  the  whole 
amount  of  damages  claimed  does  not  exceed  two  hundred 
dollars,  and  in  cases  to  enforce  and  foreclose  liens  on  per- 
sonal property  when  neither  the  amount  of  the  liens  nor  the 
value  of  the  property  amounts  to  three  hundred  dollars. 

Sec.  12.  The  Supreme  Court,  the  Superior  Courts,  and 
such  other  Courts  as  the  Legislature  may  prescribe,  shall 
be  Courts  of  record. 

Sec.  13.  The  Legislature  shall  fix  by  law  the  jurisdic- 
tion of  any  inferior  Courts  which  may  be  established  in 
pursuance  of  section  one  of  this  article,  and  shall  fix  by 
law  the  powers,  duties,  and  responsibilities  of  the  Judges 
thereof. 

Sec.  14.  The  Legislature  shall  provide  for  the  election  of 
a  Clerk  of  the  Supreme  Court,  and  shall  fix  by  law  his 
duties  and  compensation,  which  compensation  shall  not  be 
increased  or  diminished  during  the  term  for  which  he  shall 
have  been  elected.  The  County  Clerks  shall  be  ex  officio 
Clerks  of  the  Courts  of  i*ecord  in  and  for  their  respective 
counties,  or  cities  and  counties.  The  Legislature  may 
also  provide  for  the  appointment,  by  the  several  Superior 
Courts,  of  one  or  more  Commissioners  in  their  respective 
counties,  or  cities  and  counties,  with  authority  to  perform 


74  CALIFORNIA    CONSTITUTION. 

chamber  business  of  the  Judges  of  the  Superior  Courts,  to 
take  depositions,  and  perform  such  other  business  con- 
nected with  the  administration  of  justice  as  may  be  pre- 
scribed by  law. 

Sec.  15.  No  judicial  officer,  except  Justices  of  the  Peace 
and  Court  Commissioners,  shall  receive  to  his  own  use  any 
fees  or  perquisites  of  office. 

Sec.  16.  The  Legislature  shall  provide  for  the  speedy 
publication  of  such  opinions  of  the  Supreme  Court  as  it 
may  deem  expedient,  and  all  opinions  shall  be  free  for 
publication  by  any  person. 

Sec.  17.  The  Justices  of  the  Supreme  Court  and  Judges 
of  the  Superior  Courts  shall  severally,  at  stated  times  dur- 
ing their  continuance  in  office,  receive  for  their  services  a 
compensation  which  shall  not  be  increased  or  diminished 
after  their  election,  nor  during  the  term  for  which  they 
shall  have  been  elected.  The  salaries  of  the  Justices  of 
the  Supreme  Court  shall  be  paid  by  the  State.  One-half 
of  the  salary  of  each  Superior  Court  Judge  shall  be  paid 
by  the  State;  the  other  half  thereof  shall  be  paid  by  the 
county  for  which  he  is  elected.  During  the  term  of  the 
first  Judges  elected  under  this  Constitution,  the  annual 
salaries  of  the  Justices  of  the  Supreme  Court  shall  be  six 
thousand  dollars  each.  Until  otherwise  changed  by  the 
Legislature,  the  Superior  Court  Judges  shall  receive  an 
annual  salary  of  three  thousand  dollars  each,  payable 
monthly,  except  the  Judges  of  the  City  and  County  of 
San  Francisco,  and  the  Counties  of  Alameda,  San  Joaquin, 
Los  Angeles,  Santa  Clara,  Yuba  and  Sutter  combined, 
Sacramento,  Butte,  Nevada,  and  Sonoma,  who  shall  re- 
ceive four  thousand  dollars  each. 

Sec.  18.  The  Justices  of  the  Supreme  Court  and  Judges 
of  the  Superior  Courts  shall  be  ineligible  to  any  other 
office  or  public  employment  than  a  judicial  office  or  em- 


CALIFORNIA    COXSTITITTION.  7o 

ployment  (Iurinf:j  the  term  for  which  they  shall  have  been 
elected. 

Sec.  19.  Judges  shall  not  charge  juries  with  respect  to 
matters  of  fact,  but  may  state  the  testimony  and  declare 
the  law. 

Sec.  20.  The  style  of  all  process  shall  be  "The  People 
of  the  State  of  California,"  and  all  prosecutions  shall  be 
conducted  in  their  name  and  by  their  authority. 

Sec.  21.  The  Justices  shall  appoint  a  Reporter  of  the 
decisions  of  the  Supreme  Court,  who  shall  hold  his  office 
and  be  removable  at  their  pleasure.  He  shall  receive  an 
annual  salary  not  to  exceed  twenty-five  hundred  dollars, 
payable  monthly. 

Sec.  22.  No  Judge  of  a  Court  of  record  shall  practice 
law  in  any  Court  of  this  State  during  his  continuance  in 
office. 

Sec.  23.  No  one  shall  be  eligible  to  the  office  of  Justice 
of  the  Supreme  Court,  or  to  the  office  of  Judge  of  a  Su- 
perior Court,  unless  he  shall  have  been  admitted  to  prac- 
tice before  the  Supreme  Court  of  the  State, 

Sec.  24.  No  Judge  of  a  Superior  Court,  nor  of  the  Su- 
preme Court,  shall,  after  the  first  day  of  July,  one  thou- 
sand eight  hundred  and  eighty,  be  allowed  to  draw  or 
receive  any  monthly  salary  unless  he  shall  take  and  sub- 
scribe to  an  affidavit  before  an  officer  entitled  to  admin- 
ister oaths,  that  no  cause  in  his  Court  remains  undecided 
that  has  been  submitted  for  decision  for  the  period  of 
ninety  days. 

ARTICLE   VII. 

Section  1.  The  Governor  shall  have  the  power  to  grant 
reprieves,  pardons,  and  commutations  of  sentence,  after 
conviction,  for  all  offenses  except  treason  and  cases  of  im- 
peachment, upon  such  conditions,  and  with  such  restric- 


76  CALIFORNIA   CONSTITUTION. 

tions  aud  limitations,  as  he  may  think  proper,  subject  to 
such  regulations  as  may  be  provided  by  law  relative  to  the 
manner  of  applying  for  pardons.  Upon  conviction  for 
treason,  the  Governor  shall  have  power  to  suspend  the 
execution  of  the  sentence  until  the  case  shall  be  reported 
to  the  Legislature  at  its  next  meeting,  when  the  Legis- 
lature shall  either  pardon,  direct  the  execution  of  the  sen- 
tence, or  grant  a  further  reprieve.  The  Governor  shall 
communicate  to  the  Legislature,  at  the  beginning  of  every 
session,  every  case  of  reprieve  or  pardon  granted,  stating 
the  name  of  the  convict,  the  crime  for  which  he  was  con- 
victed, the  sentence,  its  date,  the  date  of  the  pardon  or 
reprieve,  and  the  reasons  for  granting  the  same.  Neither 
the  Governor  nor  the  Legislature  shall  have  power  to  grant 
pardons  or  commutations  of  sentence,  in  any  case  where 
the  convict  has  been  twice  convicted  of  felony,  unless  upon 
the  written  recommendation  of  a  majority  of  the  Judges 
of  the  Supreme  Court. 

ARTICLE  VIII. 

Section  I.  The  Legislature  shall  provide,  by  law,  for 
organizing  and  disciplining  the  militia,  in  such  manner  as 
it  may  deem  expedient,  not  incompatible  with  the  Consti- 
tution and  laws  of  the  United  States.  Officers  of  the 
militia  sliall  be  elected  or  appointed  in  such  manner  as  the 
Legislature  shall,  from  time  to  time,  dii'ect,  and  shall  be 
commissioned  by  the  Governor.  The  Governor  shall  have 
power  to  call  forth  the  militia  to  execute  the  laws  of  the 
State,  to  suppress  insurrections,  and  repel  invasions. 

Sec.  2.  All  military  organizations  provided  for  by  this 
Constitution,  or  any  law  of  this  State,  and  receiving  State 
support,  shall,  while  under  arms,  either  for  ceremony  or 
duty,  carry  no  device,  banner,  or  flag  of  any  State  or  na- 
tion, except  that  of  the  United  States  or  the  State  of  Cali- 
foi-nia. 


CALIFORNIA    CONSTITUTIOX.  77 

ARTICLE   IX. 

Section  1.  A  general  diffusion  of  knowledge  and  intel- 
ligence being  essential  to  the  preservation  of  the  rights  and 
liberties  of  the  peoi^le,  the  Legislature  shall  encourage  by 
all  suitable  means  the  promotion  of  intellectual,  scientific, 
moral,  and  agricultural  improvement. 

Sec.  2.  A  Superintendent  of  Public  Instruction  shall,  at 
each  gubernatorial  election  after  the  adoption  of  this  Con- 
stitution, be  elected  by  the  qualified  electors  of  the  State. 
He  shall  receive  a  salary  equal  to  that  of  the  Secretary  of 
State,  and  shall  enter  upon  the  duties  of  his  ofiice  on  the 
first  Monday  after  the  first  day  of  January  next  succeeding 
his  election. 

Sec.  3.  A  Superintendent  of  Schools  for  each  countj' 
shall  be  elected  by  the  qualified  electors  thereof  at  each 
gubernatorial  election;  -provided,  that  the  Legislature  may 
authorize  two  or  more  counties  to  unite  and  elect  one  Su- 
perintendent for  the  counties  so  uniting. 

Sec.  4.  The  proceeds  of  all  lands  that  have  been  or  may 
be  granted  by  the  United  States  to  this  State  for  the  sup- 
port of  common  schools,  which  may  be,  or  may  have  been, 
sold  or  disposed  of,  and  the  five  hundred  thousand  acres 
of  land  granted  to  the  new  States  under  an  Act  of  Con- 
gress distributing  the  proceeds  of  the  public  lands  among 
the  several  States  of  the  Union,  approved  A.  D.  one  thou- 
sand eight  hundred  and  forty-one,  and  all  estates  of  de- 
ceased persons  who  may  have  died  without  leaving  a  will 
or  heir,  and  also  such  per  cent,  as  may  be  granted,  or  may 
have  been  granted,  by  Congress  on  the  sale  of  lands  in 
this  State,  shall  be  and  remain  a  perpetual  fund,  the  in- 
terest of  which,  together  with  all  the  rents  of  tiie  unsold 
lands,  and  such  other  means  as  the  Legislature  may  pro- 
vide, shall  be  inviolably  appropriated  to  the  support  of 
common  schools  throughout  the  State. 


78  CALIFORNIA    CONSTITUTION. 

Sec.  5.  The  Legislature  shall  provide  for  a  system  of 
common  schools  by  which  a  free  school  shall  be  kept  up 
and  supported  in  each  district  at  least  six  months  in  every 
year,  after  the  first  year  in  which  a  school  has  been  estab- 
lished. 

Sec.  6.  The  public  school  system  shall  include  primary 
and  grammar  schools,  and  such  high  schools,  evening 
schools,  normal  schools,  and  technical  schools  as  may  be 
established  by  the  Legislature,  or  by  municipal  or  district 
authority;  but  the  entire  revenue  derived  from  the  State 
School  Fund,  and  the  State  school  tax,  shall  be  applied  ex- 
clusively to  the  support  of  primary  and  grammar  schools. 

Sec.  7.  The  Governor,  Superintendent  of  Public  In- 
struction, and  the  Principals  of  the  State  Normal  Schools, 
shall  constitute  the  State  Board  of  Education,  and  shall 
compile,  or  cause  to  be  compiled,  and  adopt  a  uniform 
series  of  text-books  for  use  in  the  common  scliools  through- 
out the  State.  The  State  Board  may  cause  such  text- 
books, when  adopted,  to  be  printed  and  published  by  the 
Superintendent  of  State  Printing,  at  the  State  Printing 
Office,  and  when  so  printed  and  published,  to  be  distributed 
and  sold  at  the  cost  price  of  printing,  publishing,  and  dis- 
tributing the  same.  The  text-books  so  adopted  shall  con- 
tinue in  use  not  less  than  four  years;  and  said  State  Board 
shall  perform  such  other  duties  as  may  be  prescribed  by 
law.  The  Legislature  shall  provide  for  a  Board  of  Edu- 
cation in  each  county  in  the  State.  The, County  Superin- 
tendents and  the  County  Boards  of  Education  shall  have 
control  of  the  examination  of  teachers  and  the  granting  of 
teachers'  certificates  within  their  respective  jurisdictions. 
[Amendment,  approved  March  15,  1SS3:  ratified  at  the  gen- 
eral election  November  Jf.,  ISS4.] 

Sec.  8.  No  public  money  shall  ever  be  appropriated  for 
the  support  of  any  sectarian  or  denominational  school,  or 


CALIFORNIA    CONSTITUTION.  i\) 

any  school  not  under  the  exclusive  control  of  the  officers 
of  the  public  schools;  nor  shall  any  sectarian  or  denomi- 
national doctrine  be  taught,  or  instruction  thereon  be  per- 
mitted, directly  or  indirectly,  in  any  of  the  common 
schools  of  this  State. 

Sec.  9.  The  University  of  California  shall  constitute  a 
public  trust,  and  its  organization  and  government  sliall  be 
perpetually  continued  in  the  form  and  character  prescribed 
by  the  organic  Act  creating  the  same,  passed  March 
twenty-third,  eighteen  hundred  and  sixty-eight  (and  the 
sevei'iil  Acts  amendatory  thereof),  sul)ject  only  to  such 
legislative  control  as  may  be  necessary  to  insure  compli- 
ance with  the  terms  of  its  endowments  and  the  proper  in- 
vestment and  security  of  its  funds.  It  shall  be  entirely 
independent  of  all  political  or  sectarian  influence,  and  kept 
free  therefrom  in  the  appointment  of  its  Regents,  and  in 
the  administration  of  its  afifairs;  provided,  that  all  the 
moneys  derived  from  the  sale  of  the  public  lands  donated 
to  this  State  by  Act  of  Congress,  approved  July  second, 
eighteen  hundred  and  sixcy-two  (anil  the  several  Acts 
amendatory  thereof),  shall  be  invested  as  provided  by  said 
Acts  of  Congres-:,  and  the  interest  of  said  moneys  shall  be 
inviolably  appropriated  to  the  endowment,  support,  and 
maintenance  of  at  least  one  College  of  Agriculture,  where 
the  leading  objects  shall  be  (without  excluding  other 
scientific  and  classical  studies,  and  including  military  tac- 
tics) to  teach  such  branches  of  learning  as  are  related  to 
scientific  and  practical  agriculture  and  the  mechanic  arts, 
in  accordance  with  the  requirements  and  conditions  of  said 
Acts  of  Congress;  and  the  Legislature  shall  provide  that 
if,  through  neglect,  misappropriation,  or  any  other  con- 
tingency, any  portion  of  the  funds  so  set  apart  shall  be 
diminished  or  lost,  the  State  shall  replace  such  portion  so 


80  CALIFOEXIA    CONSTITUTION. 

lost  or  misappropriated,  so  that  the  principal  thereof  shall 
remain  forever  undiminished.  No  person  shall  be  debarred 
admission  to  any  of  the  collegiate  departments  of  the  Uni- 
versity on  account  of  sex. 

ARTICLE  X. 

Section  1.  There  shall  be  a  State  Board  of  Prison  Di- 
rectors, to  consist  of  five  persons,  to  be  appointed  by  the 
Governor,  with  the  advice  and  consent  of  the  Senate,  M'ho 
shall  hold  office  for  ten  years,  except  that  the  first  ap- 
pointed shall,  in  such  manner  as  the  Legislature  may  di- 
rect, be  so  classified  that  the  term  of  one  person  so  ap- 
pointed shall  expire  at  the  end  of  each  two  years  during 
the  first  ten  years,  and  vacancies  occurring  sljall  be  filled 
in  like  manner.  The  appointee  to  a  vacancy,  occurring 
before  the  expiration  of  a  term,  shall  hold  office  only  for 
the  unexpired  term  of  his  predecessor.  The  Governor 
shall  have  the  power  to  remove  either  of  the  Directors  for 
misconduct,  incompetency,  or  neglect  of  duty,  after  an  op- 
portunity to  be  heard  on  written  charges. 

Sec.  2.  The  Board  of  Directors  shall  have  the  charge 
and  superintendence  of  the  State  Prisons,  and  shall  pos- 
sess such  powers  and  perform  such  duties,  in  respect  to 
other  penal  and  reformatory  institutions  of  the  State,  as 
the  Legislature  may  prescribe. 

Sec.  3.  The  Board  shall  appoint  the  Warden  and  Clerk, 
and  determine  the  other  necessary  officers  of  the  prisons. 
The  Board  shall  have  power  to  remove  the  Wardens  and 
Clerks  for  misconduct,  incompetency,  or  neglect  of  duty. 
All  other  officers  and  employes  of  the  prisons  shall  be  ap- 
pointed by  the  Warden  thereof,  and  be  removed  at  his' 
pleasure. 

Sec.  4.  The  members  of  the  Board  shall  receive  no  com- 
pensation, other  than  reasonable  traveling  and  other  ex- 


CALIFORNIA    CONSTITUTION.  81 

penscs  incurred  while  engaged  in  the  performance  of 
official  duties,  to  be  audited  as  the  Legislature  may  direct. 

Sec.  5.  The  Legislature  shall  pass  such  laws  as  may  be 
necessary  to  further  define  and  regulate  the  powers  and 
duties  of  the  Board,  Wardens,  and  Clerks,  and  to  carry 
into  eflfect  the  provisions  of  this  article. 

Sec.  6.  After  the  first  day  of  January,  eighteen  hundred 
and  eighty-two,  the  labor  of  convicts  shall  not  be  let  out 
by  contract  to  any  person,  copartnership,  company,  or 
corporation,  and  the  Legislature  shall,  by  law,  provide  for 
the  working  of  convicts  for  the  benefit  of  the  State. 

ARTICLE   XL 

Section  1.  The  several  counties,  as  they  now  exist,  are 
hereby  recognized  as  legal  subdivisions  of  this  State. 

Sec.  2.  No  county  seat  shall  be  removed  unless  two- 
thirds  of  the  qualified  electors  of  the  county,  voting  on 
the  proposition  at  a  general  election,  shall  vote  in  favor  of 
such  removal.  A  proposition  of  removal  shall  not  be  sub- 
mitted in  the  same  county  more  than  once  in  four  years. 

Sec.  3.  No  new  county  shall  be  established  which  shall 
reduce  any  county  to  a  population  of  less  than  eight  thou- 
sand; nor  shall  a  new  county  be  formed  containing  a  less 
population  than  five  thousand,  nor  shall  any  line  thereof 
pass  within  five  miles  of  the  county  seat  of  any  county 
proposed  to  be  divided.  Every  county  which  shall  be  en- 
larged or  created  from  territory  taken  from  any  other 
county  or  counties,  shall  be  liable  for  a  just  proportion  of 
the  existing  debts  and  liabilities  of  the  county  or  counties 
from  which  such  territory  shall  be  taken. 

Sec.  4.  The  Legislature  shall  establish  a  system  of 
county  governments  which  shall  be  uniform  throughout 
the  State;  and  by  general  laws  shall  provide  for  township 


82  CALIFORNIA    CONSTITUTION. 

organization,  under  which  any  county  may  organize  when- 
ever a  majority  of  the  qua'itied  electors  of  such  county, 
voting  at  a  general  election,  shall  so  determine;  and  when- 
ever a  county  shall  adopt  township  organization,  the  as- 
sessment and  collection  of  the  revenue  shall  be  made  and 
the  business  of  such  county  and  the  local  affairs  of  the 
several  townships  therein  shall  be  managed  and  trans- 
acted in  the  manner  prescribed  by  such  general  laws. 

Sec.  5.  The  Legislature,  by  general  and  uniform  laws, 
shall  provide  for  the  election  or  appointment,  in  the  sev- 
eral counlies,  of  Boards  of  Supervisors,  Sheriffs,  County 
Clerks,  District  Attorneys,  and  such  other  county,  town- 
ship, and  municipal  officers  as  public  convenience  may  re- 
quire, and  shall  prescribe  their  duties,  and  fix  their  terms 
of  office.  It  shall  regulate  the  compensation  of  all  such 
officers,  in  proportion  to  duties,  and  for  this  purpose  may 
classify  the  counties  by  population;  and  it  shall  provide 
for  the  strict  accountability  of  county  and  township  officers 
for  all  fees  M'hich  may  be  collected  by  them,  and  for  all 
public  and  municipal  moneys  which  may  be  paid  to  them, 
or  officially  come  into  their  possession. 

Skc.  6.  Corpoiations  for  municipal  purposes  shall  not  be 
created  by  special  laws;  but  the  Legislature,  by  general 
laws,  shall  provide  for  the  incorporation,  organization,  and 
classification,  in  proportion  to  population,  of  cities  and 
towns,  which  laws  may  be  altered,  amended,  or  repealed. 
Cities  and  towns  heretofore  organized  or  incorporated  may 
become  organized  under  such  general  laws  whenever  a 
majority  of  tiie  electors  voting  at  a  general  election  shall 
so  determine,  and  shall  organize  in  conformity  therewith; 
and  cities  or  towns  h(Tetofore  or  hereafter  organized,  and 
all  charters  thereof  frameil  or  adopted  l)y  authority  of  this 
Constitution,  shall  be  sul^ject  to  and  controlled  by  gen- 
eral laws. 


CALIFORNIA    CONSTITUTION.  83 

Skc.  7.  City  and  county  governments  may  be  merged 
and  consolidated  into  one  municipal  government,  with  one 
set  of  officers,  and  may  be  incorporated  under  general 
laws  providing  for  the  incorporation  and  organization  of 
corporations  for  municipal  purposes.  The  provisions  of 
this  Constitution  applicable  to  cities,  and  also  those  ap- 
plicable to  counties,  so  far  as  not  inconsistent  or  not  pro- 
hibited to  cities,  shall  be  applicable  to  such  consolidated 
goverinnent.  In  consolidated  city  and  county  govern- 
ments, of  more  than  one  hundred  thousand  population, 
there  shall  be  two  Boards  of  Supervisors  or  houses  of  legis- 
lation— one  of  which,  to  consist  of  twelve  persons,  shall  be 
elected  by  general  ticket  from  the  city  and  county  at 
large,  and  shall  hold  office  for  the  term  of  four  years,  but 
shall  be  so  classiiied  that  after  the  first  election  only  six 
shall  be  elected  every  two  years;  the  other,  to  consist  of 
twelve  persons,  shall  be  elected  every  two  years,  and  shall 
hold  office  for  the  term  of  two  years.  Any  vacancy  occur- 
ring in  the  office  of  Supervisor,  in  either  Board,  shall  be 
filled  by  the  Mayor  or  other  chief  executive  officer. 

Sec.  8.  Anj^  city  containing  a  population  of  more  than 
one  hundred  thousand  inhabitants  may  frame  a  charter  for 
its  own  government,  consistent  with  and  subject  to  the 
Constitution  and  laws  of  this  State,  by  causing  a  Board 
of  fifteen  freeholders,  who  shall  have  been  at  least  five 
years  qualified  electors  thereof,  to  be  elected  by  the  quali- 
fied voters  of  such  city,  at  any  general  or  special  election, 
whose  duty  it  shall  be,  within  ninety  days  after  such  elec- 
tion, to  prepare  and  propose  a  charter  for  such  city,  which 
shall  be  .signed  in  duplicate  by  the  members  of  such  Board, 
or  a  majority  of  them,  and  returned,  one  copy  thereof  to 
the  Mayor,  or  other  chief  executive  officer  of  such  city, 
and  the  other  to  the  Recorder  of  Deeds  of  the  county. 
Such  supposed  charter  shall  then  be  published   in  two 


84  CALIFORNIA    COXSTITUTIOX. 

daily  papers  of  general  circulation  in  such  city  for  at  least 
twenty  days,  and  within  not  less  than  tliirty  days  after 
such  publication  it  shall  be  submitted  to  the  qualified 
electors  of  such  citj^  at  a  general  or  special  election,  and  if 
a  majority  of  such  qualified  electors  voting  thereat  shall 
ratify  the  same,  it  shall  thereafter  be  submitted  to  the 
Legislature  for  its  approval  or  rejection  as  a  whole,  with- 
out power  of  alteration  or  amendment,  and  if  approved  by 
a  majority  vote  of  the  members  elected  to  each  house,  it 
shall  become  the  charter  of  such  city,  or  if  such  city  be 
consolidated  with  a  county,  then  of  such  city  and  county, 
and  shall  become  the  organic  law  thereof,  and  supersede 
any  existing  charter  and  all  amendments  thereof,  and  all 
special  laws  inconsistent  with  such  charter.  A  copy  of 
such  charter,  certified  by  the  Mayor  or  chief  executive 
officer,  and  authenticated  by  the  seal  of  such  city,  setting 
forth  the  submission  of  such  charter  to  the  electors  and  its 
ratification  by  them,  shall  be  made  in  duplicate  and  de- 
posited, one  in  the  office  of  the  Secretary  of  State,  the 
other,  after  being  recorded  in  the  office  of  the  Recorder  of 
Deeds  of  the  county,  among  the  archives  of  the  city;  all 
Courts  shall  take  judicial  notice  thei-eof.  The  charter  so 
ratified  may  be  amended  at  intervals  of  not  less  than  two 
years,  by  proposals  therefor,  submitted  by  legislative  au- 
thority of  the  city  to  the  qualified  voters  thereof,  at  a  gen- 
eral or  special  election  held  at  least  sixty  days  after  the 
publication  of  such  proposals,  and  ratified  by  at  least 
three-fifths  of  the  qualified  electors  voting  thereat,  and 
approved  by  the  Legislature  as  herein  provided  for  the 
approval  of  the  charter.  In  submitting  any  such  charter 
or  amendment  thereto,  any  alternative  article  or  propo- 
sition may  be  presented  for  the  choice  of  the  voters,  and 
may  be  voted  on  separately  without  prejudice  to  others. 
Any  city  containing  a  population  of  more  than  ten  thou- 


CALIFORNIA    CONSTITCTIOX,  85 

sand  and  not  more  tlian  one  hundred  thousand  inhabitants, 
may  frame  a  charter  for  it3  own  government,  consistent 
uith  and  subject  to  the  Constitution  and  laws  of  this 
State,  by  causing  a  Board  of  fifteen  freehohlers,  who  siiall 
have  been  for  at  least  five  years  qualified  electors  thereof, 
to  be  elected  by  the  qualified  voters  of  said  city, 
at  any  general  or  special  election,  whose  duty  it  shall 
be,  within  ninety  days  after  such  election,  to  prepare  and 
propose  a  charter  for  such  city,  which  shall  be  signed  in 
duplicate  by  the  members  of  such  Board,  or  a  majority  of 
them,  and  returned,  one  copy  thereof  to  the  Mayor,  or 
other  chief  executive  of  said  city,  and  the  other  to  the 
Recorder  of  the  county.  Such  proposed  charter  shall  then 
be  published  in  two  daily  papers  of  general  circulation  in 
such  city,  for  at  least  twenty  days;  and  the  first  publica- 
tion shall  be  made  within  twenty  days  after  the  com- 
pletion of  the  charter;  and  within  not  less  than  thirty 
days  after  such  publication  it  shall  be  submitted  to  the 
qualified  electors  of  said  city,  at  a  general  or  special  elec- 
tion, and  if  a  majority  of  sucli  qualified  electors  voting 
thereat  shall  ratify  the  same,  it  shall  thereafter  be  sub- 
mitted to  the  Legislature  for  its  approval  or  rejection  as  a 
whole,  without  alteration  or  amendment;  and  if  approved 
by  a  majority  vote  of  the  meinbers  elected  to  each  house, 
it  shall  become  the  charter  of  such  city,  and  the  organic 
law  thereof,  and  shall  supersede  any  existing  charter,  and 
any  amendments  thereof,  and  all  special  laws  inconsistent 
with  such  charter.  A  copy  of  such  charter,  certified  by 
the  Mayor  or  chief  executive  officer,  and  authenticated  by 
the  seal  of  such  city,  setting  forth  the  submission  of  such 
charter  to  the  electors,  and  its  ratification  by  them,  shall 
be  made  in  duplicate,  and  deposited,  one  in  the  office  of 
Secretary  of  State,  and  the  other,  after  being  recorded  in 
said  Recorder's  office,  shall  be  deposited  in  the  archives  of 


86  CALIFORNIA   CONSTITUTION. 

the  city;  and  thereafter  all  Courts  shall  take  judicial  no- 
tice of  said  charter.  The  charter  so  ratified  may  be 
amended,  at  intervals  of  not  less  than  two  years,  by  pro- 
posals therefor,  submitted  by  the  legislative  authority  of 
the  city  to  the  qualified  electors  thereof,  at  a  general  or 
special  election  held  at  least  sixtj-  daj^s  after  the  publica- 
tion of  such  proposals,  and  ratified  by  at  least  three-fifths 
of  the  qualified  electors  voting  thereat,  and  approved  by 
the  Legislature  as  herein  provided  for  the  approval  of  the 
charter.  In  submitting  any  such  charter,  or  amendment 
thereto,  any  alternative  article  or  proposition  may  be  pre- 
sented for  the  choice  of  the  voters,  and  may  be  voted  on 
separately  without  prejudice  to  others.  —  Amendment 
adopted  April  12,  1887. 

Sec.  9.  The  compensation  of  any  county,  city,  town,  or 
municipal  ofiicer  shall  not  be  increased  after  his  election 
or  during  his  term  of  office;  nor  shall  the  term  of  any  snch 
ofiicer  be  extended  beyond  the  period  for  which  he  is 
elected  or  appointed. 

Sec.  10.  No  county,  city,  town,  or  other  public  or  mu- 
nicipal corporation,  nor  the  inhabitants  thereof,  nor  the 
property  therein,  shall  be  released  or  discharged  from  its 
or  their  proportionate  share  of  taxes  to  be  levied  for  State 
purposes,  nor  shall  commutation  for  such  taxes  be  author- 
ized in  any  form  whatsoever. 

Sec.  11.  Any  county,  city,  town,  or  township  may  make     i 
and  enforce  within  its  limits  all  such  local,  police,  sani- 
tary, and  other  regulations  as  are  not  in  conflict  with  gen- 
eral laws. 

Sec.  12.  The  Legislature  shall  have  no  power  to  impose 
taxes  upon  counties,  cities,  towns,  or  other  public  or  mu- 
nicipal corporations,  or  upon  the  inhabitants  or  property 
thereof,  for  county,  city,  town,  or  other  nmnicipal  pur- 
poses, but  may,  by  general  law  s,  vest  in  the  corporate  au- 


CALIFORNIA    CONSTITUTION.  87 

thorities  thereof  the  power  to  assess  and  collect  taxes  for 
such  purposes. 

Sec.  13.  The  Legislature  shall  not  delegate  to  any 
special  commission,  private  corporation,  company,  associa- 
tion, or  individual  any  power  to  make,  control,  appro- 
priate, supervise,  or  in  any  way  interfere  with  any  county, 
city,  town,  or  municipal  improvement,  money,  property, 
or  effects,  whether  held  in  trust  or  otherwise,  or  to  levy 
taxes  or  assessments,  or  perform  any  municipal  functions 
whatever. 

Sec.  14.  No  State  office  shall  be  continued  or  created  in 
any  county,  city,  town,  or  other  municipality,  for  the  in- 
spection, measurement,  or  graduation  of  any  merchandise, 
manufacture  or  commodity;  but  such  county,  city,  town, 
or  municipality  may,  when  authorized  by  general  law^,  ap- 
point such  officers. 

Sec.  15.  Private  property  shall  not  be  taken  or  sold  for 
the  payment  of  the  corporate  debt  of  any  political  or  mu- 
nicipal corporation. 

Sec,  16.  All  moneys,  assessments,  and  taxes  belonging 
to  or  collected  for  the  use  of  any  county,  city,  town  or 
other  public  or  municipal  corporation,  coming  into  the 
hands  of  any  officer  thereof,  shall  immediately  be  deposi- 
ted with  the  Treasurer,  or  other  legal  depository,  to  the 
credit  of  such  city,  town,  or  other  corporation  respect- 
ively, for  the  benefit  of  the  funds  to  which  they  respect- 
ively belong. 

Sec.  17.  The  makin^  of  profit  out  of  county,  city,  town, 
or  other  public  money,  or  using  the  same  for  any  purpose 
not  authorized  by  law,  by  any  officer  having  the  possession 
or  control  thereof,  shall  be  a  felony,  and  shall  be  prose- 
cuted and  punislied  as  prescribed  bj^  law. 

Sec.  18.  No  county,  city,  town,  township.  Board  of  Ed- 
ucation, or  school  district  shall  incur  any  indebtedness  or 


88  CALIFORNIA    CONSTITUTION. 

liability  in  any  manner,  or  for  any  purpose,  exceeding  in 
any  one  year  the  income  and  revenue  provided  for  it  for 
such  year,  without  the  assent  of  two-thirds  of  the  quali- 
fied electors  thereof,  voting  at  an  election  to  be  held  for 
that  purpose,  nor  unless,  before  or  at  the  time  of  incurring 
such  indebtedness,  provision  shall  be  made  for  the  collec- 
tion of  an  annual  tax  sufficient  to  pay  the  interest  on  such 
indebtedness  as  it  falls  due,  and  also  to  constitute  a  sink- 
ing fund  for  the  payment  of  the  principal  thereof  within 
twenty  years  from  the  time  of  contracting  the  same.  Any 
indebtedness  or  liability  incurred  contrary  to  this  provi- 
sion shall  be  void. 

Sec.  19.  In  any  city  where  there  are  no  public  works 
owned  and  controlled  by  the  municipality  for  supplying 
the  same  with  water  or  artificial  light,  any  individual,  or 
any  company  duly  incorporated  for  such  purpose  under 
and  by  authority  of  the  laws  of  this  State,  shall,  under 
the  direction  of  the  Superintendent  of  Streets,  or  other 
'officer  in  control  thereof,  and  under  such  general  regula- 
tions as  the  municipality  may  prescribe  for  damages  and 
indemnity  for  damages,  have  the  privilege  of  using  the 
public  streets  and  thoroughfares  thereof,  and  of  laying 
down  pipes  and  conduits  therein,  and  connections  there- 
with, so  far  as  may  be  necessary  for  introducing  into  and 
supplying  sucli  city  and  its  inhabitants  either  with  gas- 
light or  otlier  illumina,ting  light,  or  with  fresli  water  for 
domestic  and  all  other  purposes,  upon  the  condition  that 
the  municipal  government  shall  have  the  right  to  regulate 
the  charges  thereof.  [Amendment  adopted  November  4, 
1884.] 

ARTICLE  XII. 

Skction  1,  Corporations  may  be  formed  under  general 
laws,  but  shall  not  be  created  by  special  Act.     All  laws 


CALIFORNIA    CONSTITUTION.  89 

now  in  force  in  this  State  concerning  corporations,  and  all 
laws  that  may  be  hereafter  passed  pursuant  to  this  sec- 
tion, may  be  altered  from  time  to  time  or  repealed. 

Sec.  2.  Dues  from  corporations  shall  be  secured  by  such 
individual  liability  of  the  corporators  and  other  means  as 
may  be  prescribed  by  law. 

Sec.  3.  Each  stockholder  of  a  corporation,  or  joint- 
stock  association,  shall  be  individually  and  personally  lia- 
ble for  such  proportion  of  all  its  debts  and  liabilities  con- 
tracted or  incurred,  during  the  time  he  was  a  stockholder, 
as  the  amount  of  stock  or  shares  owned  by  him  bears  to 
the  whole  of  the  subscribed  capital  stock  or  shares  of  the 
corporation  or  association.  Tlie  directors  or  trustees  of 
corporations  or  joint-stock  associations  shall  be  jointly 
and  severally  liable  to  the  creditors  and  stockholders  for 
all  moneys  embezzled  or  misappropriated  by  the  officers 
of  such  corporation  or  joint-stock  association,  during  the 
term  of  such  director  or  trustee. 

Sec.  4.  The  term  corporations,  as  used  in  this  article, 
shall  be  construed  to  include  all  associations  and  joint- 
stock  companies  having  any  of  the  powers  or  privileges  of 
corporations  not  possessed  by  individuals  or  partnerships, 
and  all  corporations  shall  have  the  right  to  sue  and  shall 
be  subject  to  be  sued,  in  all  Courts,  in  like  cases  as  natural 
persons. 

Sec.  5.  The  Legislature  shall  have  no  power  to  pass  any 
Act  granting  any  charter  for  banking  purposes,  but  cor- 
porations or  associations  may  be  formed  for  such  purposes 
under  general  laws.  No  corporation,  association,  or  indi- 
vidual shall  issue  or  put  into  circulation,  as  money,  any- 
thing but  the  lawful  money  of  the  United  States. 

Sec.  6.  All  existing  charters,  grants,  franchises,  special 
or  exclusive  privileges,  under  which  an  actual  and  bona 
fde  organization  shall  not  have  taken  place,  and  business 


90  CALIFORNIA    CONSTITUTION. 

been  commenced  in  good  faith,  at  the  time  of  the  adoption 
of  this  Constitution,  shall  thereafter  have  no  validity. 

Sec.  7.  The  Legislature  shall  not  extend  any  franchise 
or  charter,  nor  remit  the  forfeiture  of  any  franchise  or 
charter  of  any  corporation  now  existing,  or  which  shall 
hereafter  exist,  under  the  laws  of  this  State. 

Sec.  S.  The  exercise  of  the  right  of  eminent  domain  shall 
never  be  so  abridged  or  construed  as  to  prevent  the  Legis- 
lature from  taking  the  property  and  franchises  of  incor- 
porated companies  and  subjecting  them  to  public  use  the 
same  as  the  property  of  individuals,  and  the  exercise  of 
the  police  power  of  the  State  shall  never  be  so  abridged  or 
construed  as  to  permit  corporations  to  conduct  their  busi- 
ness in  such  maimer  as  to  infringe  the  rights  of  individuals 
or  the  general  well-being  of  the  State. 

Sec.  9.  No  corporation  shall  engage  in  any  business 
other  than  that  expressly  authorized  in  its  charter,  or  the 
law  under  which  it  may  have  been  or  may  hereafter  be  or- 
ganized; nor  shall  it  hold  for  a  longer  period  than  five 
years  any  real  estate  except  such  as  may  be  necessary  for 
carrying  on  its  business. 

Sec.  10.  The  Legislature  shall  not  pass  any  laws  per- 
mitting the  leasing  or  alienation  of  any  franchise,  so  as  to 
relieve  the  franchise  or  property  held  thereunder  from  the 
liabilities  of  the  lessor  or  grantor,  lessee  or  grantee,  con- 
tracted or  incurred  in  the  operation,  use,  or  enjoyment  of 
such  franchise,  or  any  of  its  privileges. 

Sec.  11.  No  corporation  shall  issue  stock  or  bonds,  ex- 
cept for  money  paid,  labor  done,  or  property  actually  re- 
ceived, and  all  fictitious  increase  of  stock  or  indebtedness 
shall  be  void.  The  stock  and  bonded  indebtedness  of  cor- 
porations shall  not  be  increased  except  in  pursuance  of 
general  law,  nor  without  the  consent  of  the  persons  hold- 
ing the  larger  aniuunt  in  value  of  tlie  stock,  at  a  meeting 


CALIFORNIA    CONSTITUTION-.  91 

called  for  that  purpose,  giving  sixty  days'  public  notice,  as 
may  be  provided  by  law. 

Sec.  12.  In  all  elections  for  directors  or  managers  of 
corporations  every  stockholder  shall  have  the  right  to  vote, 
in  person  or  by  proxy,  the  number  of  shares  of  stock  owned 
by  him,  for  as  many  persons  as  there  are  directors  or  man- 
agers to  be  elected,  or  to  cumulate  said  shares  and  give 
one  candidate  as  many  votes  as  the  number  of  directors 
multiplied  by  the  number  of  his  shares  of  stock  shall  equal, 
or  to  distribute  them,  on  the  same  principle,  among  as 
many  candidates  as  he  may  think  fit;  and  such  directors 
or  managers  shall  not  be  elected  in  any  other  manner,  ex- 
cept that  members  of  co-operative  societies  formed  for  ag- 
ricultural, mercantile,  and  manufacturing  purposes  may 
vote  on  all  questions  affecting  such  societies  in  manner 
prescribed  by  law. 

Sec.  13.  The  State  shall  not  in  any  manner  loan  its 
credit,  nor  shall  it  subscribe  to  or  be  interested  in  the 
stock  of  any  company,  association,  or  corporation. 

Sec.  14.  Every  corporation,  other  than  religious,  educa- 
tional, or  benevolent,  organized  or  doing  business  in  this 
State,  shall  have  and  maintain  an  office  or  place  in  this 
State  for  the  transaction  of  its  business,  where  transfers 
of  stock  shall  be  made,  and  in  which  shall  be  kept  for  in- 
spection, by  every  person  having  an  interest  therein,  and 
legislative  committees,  books  in  which  shall  be  recorded 
the  amount  of  capital  stock  subscribed,  and  by  whom;  the 
names  of  the  owners  of  its  stock,  and  the  amounts  owned 
by  them  respectively;  the  amount  of  stock  paid  in,  and 
by  whom;  the  transfers  of  stock;  the  amount  of  its  assets 
and  liabilities,  and  the  names  and  place  of  residence  of  its 
officers. 

Sec.  15.  No  corporation  organized  outside  the  limits  of 
this  State  shall  be  allowed  to  transact  business  within  this 


92  CALIFORNIA    CONSTITUTION. 

State  on  more  favorable  conditions  than  are  prescribed  by 
law  to  similar  corporations  organized  under  the  laws  of 
this  State. 

Sec.  16.  a  corporation  or  association  may  be  sued  in  the 
county  where  the  contract  is  made  or  is  to  be  performed, 
or  where  the  obligation  or  liability  arises,  or  the  breach 
occurs;  or  in  the  county  where  the  principal  place  of  busi- 
ness of  such  corporation  is  situated,  subject  to  the  power 
of  the  Court  to  change  the  place  of  trial  as  in  other  cases. 

Sec.  17.  All  railroad,  canal,  and  other  transportation 
companies  are  declared  to  be  common  carriers,  and  subject 
to  legislative  control.  Any  association  or  corporation,  or- 
ganized for  the  purpose,  under  the  laws  of  this  State,  shall 
have  the  riglit  to  connect  at  the  State  line  with  railroads 
of  other  States.  Every  railroad  company  shall  have  the 
right  with  its  road  to  intersect,  connect  with,  or  cross  any 
other  railroad,  and  shall  receive  and  transport  each  the 
other's  passengers,  tonnage,  and  cars,  without  delay  or 
discrimination. 

Sec.  18.  No  president,  director,  ofHcer,  agent,  or  em- 
ploye of  any  railroad  or  canal  company  shall  be  interested, 
directly  or  indirectly,  in  the  furnishing  of  material  or 
supplies  to  such  company,  nor  in  the  business  of  trans- 
portation as  a  common  carrier  of  freight  or  passengers  over 
the  works  owned,  leased,  controlled,  or  worked  by  such 
company,  except  such  interest  in  the  business  of  trans- 
portation as  lawfully  flows  from  the  ownership  of  stock 
therein. 

Sec.  19.  No  railroad  or  other  transportation  company 
shall  grant  free  passes,  or  passes  or  tickets  at  a  discount, 
to  any  person  holding  any  office  of  honor,  trust,  or  profit 
in  this  State;  and  the  acceptance  of  any  such  pass  or 
ticket   by  a   member   of   the   Legislature   or   any   public 


CALIFORNIA    CONS'l'ITUTIOX.  93 

officer,  other  than  Railroad  Commissioner,  shall  work  a 
forfeiture  of  his  office. 

Sec.  20.  No  railroad  company  or  other  common  carrier 
shall  combine  or  make  any  contract  with  the  owners  of  any 
vessel  tliat  leaves  port  or  makes  port  in  this  State,  or  with 
any  common  carrier,  by  which  combination  or  contract 
the  earnings  of  one  doing  the  carrying  are  to  be  shared  by 
the  other  not  doing  the  carrying.  And  whenever  a  rail- 
road corporation  shall,  for  the  purpose  of  competing  with 
any  other  common  carrier,  lower  its  rates  for  transporta- 
tion of  passengers  or  freight  from  one  point  to  another, 
such  reduced  rates  shall  not  be  again  raised  or  increased 
from  such  standard  without  the  consent  of  the  govern- 
mental authority  in  which  shall  be  vested  the  power  to 
regulate  fares  and  freights. 

Sec.  21.  No  discrimination  in  charges  or  facilities  for 
transportation  shall  be  made  bj^  any  railroad  or  other 
transportation  company  between  places  or  persons,  or  in 
the  facilities  for  the  transportation  of  the  same  classes  of 
freight  or  passengers  within  this  State,  or  coming  from  or 
going  to  any  other  State.  Persons  and  property  trans- 
ported over  any  railroad,  or  by  any  other  transportation 
company  or  individual,  shall  be  delivered  at  any  station, 
landing,  or  port,  at  charges  not  exceeding  the  charges  for 
the  transportation  of  persons  and  property  of  the  same 
class,  in  the  same  direction,  to  any  more  distant  station, 
port,  or  landing.  Excursion  and  commutation  tickets  may 
be  issued  at  special  rates. 

Sec.  22.  The  State  will  be  divided  into  three  districts 
as  nearly  equal  in  population  as  practicable,  in  each  of 
which  one  Railroad  Commissioner  shall  be  elected  by  the 
qualified  electors  thereof  at  the  regular  gubernatorial  elec- 
tions, whose  salary  shall  be  fixed  by  law,  and  whose  term 
of  office  shall  be  four  years,  commencing  on  the  first  Mon- 


94  CALIFORNIA    CONSTITUTION. 

day  after  the  first  day  of  January  next  succeeding  their 
election.  Said  Commissioners  shall  be  qualified  electors 
of  this  State  and  of  the  district  from  which  they  are 
elected,  and  shall  not  be  interested  in  any  railroad  corpo- 
ration, or  other  transportation  company,  as  stockholder, 
creditor,  agent,  attorney,  or  employe;  and  the  act  of  a 
majority  of  said  Commissioners  shall  be  deemed  the  act  of 
said  Commission.  Said  Commissioners  shall  have  the 
power,  and  it  shall  be  their  duty,  to  establish  rates  of 
charges  for  the  transportation  of  passengers  and  freight 
by  railroad  or  other  transportation  companies,  and  publish 
the  same  from  time  to  time,  with  such  changes  as  they 
may  make;  to  examine  the  books,  records,  and  papers  of 
all  railroad  and  other  transportation  companies,  and  for 
this  purpose  they  shall  have  power  to  issue  subpa^nas  and 
all  other  necessar^^  process;  to  hear  and  determine  com- 
plaints against  railroad  and  other  transportation  compa- 
nies, to  send  for  persons  and  papers,  to  administer  oaths, 
take  testimony,  and  punish  for  contempt  of  their  orders 
and  processes,  in  the  same  manner  and  to  the  same  extent 
as  Courts  of  record,  and  enforce  their  decisions  and  cor- 
rect abuses  through  the  medium  of  the  Courts.  Said  Com- 
missioners shall  prescribe  a  uniform  system  of  accounts  to 
be  kept  by  all  such  corporations  and  companies.  Any 
railroad  corporation  or  transportation  company  which  shall 
fail  or  refuse  to  conform  to  such  rates  as  shall  be  estab- 
lished by  such  Commissioners,  or  shall  charge  rates  in 
excess  thereof,  or  shall  fail  to  keep  their  accounts  in  ac- 
cordance with  the  system  prescribed  by  the  Commission, 
shall  be  fined  not  exceeding  twenty  thousand  dollars 
for  each  offense;  and  every  officer,  agent,  or  employe  of 
any  such  corporation  or  company,  who  shall  demand  or 
receive  rates  in  excess  thereof,  or  who  shall  in  any  manner 
violate  the  provisions  of  this  section,  shall  be  fined  not 


CALIFORNIA   CONSTITUTION.  95 

exceeding  five  thousand  dollars,  or  be  imprisoned  in  the 
county  jail  not  exceeding  one  year.  In  all  controversies, 
civil  or  criminal,  the  rates  of  fares  and  freights  estab- 
lished by  said  Commission  shall  be  deemed  conclusively 
just  and  reasonable,  and  in  any  action  against  such  cor- 
poration Of  company  for  damages  sustained  by  charging 
excessive  rates,  the  plaintiff,  in  addition  to  the  actual 
damage,  may,  in  the  discretion  of  the  Judge  or  jury,  re- 
cover exemplary  damages.  Said  Commission  shall  report 
to  the  Governor,  annually,  their  proceedings,  and  such 
other  facts  as  may  be  deemed  important.  Nothing  in  this 
section  shall  prevent  individuals  from  maintaining  actions 
against  any  of  such  companies.  The  Legislature  may,  in 
addition  to  any  penalties  herein  prescribed,  enforce  this 
article  by  forfeiture  of  charter  or  otherwise,  and  may  con- 
fer such  further  powers  on  the  Commissioners  as  shall  be 
necessary  to  enable  them  to  perform  the  duties  enjoined 
on  them  in  this  and  the  foregoing  section.  The  Legislature 
shall  have  power,  by  a  two-thirds  vote  of  all  the  members 
elected  to  each  house,  to  remove  any  one  or  more  of  said 
Commissioners  from  office  for  dereliction  of  duty,  or  cor- 
ruption, or  incompetency;  and  whenever,  from  any  cause, 
a  vacancy  in  office  shall  occur  in  said  Commission,  the 
Governor  shall  fill  the  same  by  the  appointment  of  a  quali- 
fied person  thereto,  who  shall  hold  office  for  the  residue 
of  the  unexpired  term,  and  until  his  successor  shall  have 
been  elected  and  qualified. 

Sec.  23.  Until  the  Legislature  shall  district  the  State, 
the  following  shall  be  the  railroad  districts  :  The  First 
District  shall  be  composed  of  the  Counties  of  Alpine, 
Amador,  Butte,  Calaveras,  Colusa,  Del  Norte,  El  Dorado, 
Humboldt,  Lake,  Lassen,  Mendocino,  Modoc,  Napa,  Ne- 
vada, Placer,  Plumas,  Sacramento,  Shasta,  Sierra,  Siski- 
you, Solano,  Sonoma,  Sutter,  Tehama,  Trinity,  Yolo,  and 


96  CALIFORNIA    CONSTITUTION, 

Yuba,  from  which  one  Eailroad  Commissioner  shall  be 
elected.  The  Second  District  shall  be  composed  of  the 
Counties  of  Marin,  San  Francisco,  and  San  Mateo,  from 
which  one  Railroad  Commissioner  shall  be  elected.  The 
Third  District  shall  be  composed  of  the  Counties  of  Ala- 
meda, Contra  Costa,  Fresno,  Inyo,  Kern,  Los  Angeles, 
Mariposa,  Merced,  Mono,  Monterey,  San  Benito,  San  Ber- 
nardino, San  Diego,  San  Joaquin,  San  Luis  Obispo,  Santa 
Barbara,  Santa  Clara,  Santa  Cruz,  Stanislaus,  Tulare,  Tu- 
olumne, and  Ventura,  from  which  one  Railroad  Commis- 
sioner shall  be  elected. 

Sec.  24.  The  Legislature  shall  pass  all  laws  necessary 
for  the  enforcement  of  the  provisions  of  this  article. 

ARTICLE  XIIL 

Section  1.  All  property  in  the  State,  not  exempt  under 
the  laws  of  the  United  States,  shall  be  taxed  in  proportion 
to  its  value,  to  be  ascertained  as  provided  by  law.  The 
word  "property,"  as  used  in  this  article  and  section,  is 
hereby  declared  to  include  moneys,  credits,  bonds,  stocks, 
dues,  franchises,  and  all  other  matters  and  things,  real, 
personal,  and  mixed,  capable  of  private  ownership ;  pro- 
vided, that  growing  crops,  property  used  exclusively  for 
public  schools,  and  such  as  may  belong  to  the  United 
States,  this  State,  or  to  any  county  or  municipal  corpora- 
tion within  this  State,  shall  be  exempt  from  taxation. 
The  Legislature  may  provide,  except  in  case  of  credits 
secured  by  mortgage  or  trust  deed,  for  a  reductioii  from 
credits  of  debts  due  bona  fide  residents  of  this  State. 

Sec.  2.  Land,  and  the  improvements  thereon,  shall  be 
separately  assessed.  Cultivated  and  uncultivated  land  of 
the  same  quality,  and  similarly  situated,  shall  be  assessed 
at  the  same  value. 


CALIFORNIA   CONSTITUTION.  97 

Sec.  3.  Evei-y  tract  of  land  containing  more  than  six 
hundred  and  forty  acres,  and  which  has  been  sectionized 
by  the  United  States  Government,  shall  be  assessed,  for 
the  purposes  of  taxation,  by  sections  or  fractions  of  sections. 
The  Legislature  shall  provide  by  law  for  the  assessment, 
in  small  tracts,  of  all  lands  not  sectionized  by  the  United 
States  Government. 

Sec.  4.  A  mortgac^e,  deed  of  trust,  contract,  or  other 
obligation  by  which  a  debt  is  secured,  shall,  for  the  pur- 
pose of  assessment  and  taxation,  be  deemed  and  treated 
as  an  interest  in  the  property  afifected  thereby.  Except  as 
to  railroad  and  other  quasi-public  corporations,  in  case  of 
debt  so  secured,  the  value  of  the  property  affected  by  such 
mortgage,  deed  of  trust,  contract,  or  obligation,  less  the 
value  of  such  security,  shall  be  assessed  and  taxed  to  the 
owner  of  the  property,  and  the  value  of  such  security  shall 
be  assessed  and  taxed  to  the  owner  thereof,  in  the  county, 
city,  or  district  in  which  the  property  affected  thereby  is 
situate.  The  taxes  so  levied  shall  be  a  lien  upon  the  prop- 
erty and  security,  and  may  be  paid  to  either  party  to  such 
security  ;  if  paid  by  the  owner  of  the  security,  the  tax  so 
levied  upon  the  property  affected  thereby  shall  become  a 
part  of  the  debt  so  secured  ;  if  the  owner  of  the  property 
shall  pay  the  tax  so  levied  on  such  security,  it  shall  con- 
stitute a  payment  thereon,  and  to  the  extent  of  such  pay- 
ment, a  full  discharge  thereof ;  provided,  that  if  any  such 
security  or  indebtedness  shall  be  paid  by  such  debtor  or 
debtors,  after  assessment  and  before  the  tax  levy,  the 
amount  of  such  levy  may  likewise  be  retained  by  such 
debtor  or  debtors,  and  shall  be  computed  according  to  the 
tax  levy  of  the  preceding  year. 

Sec.  5.  Every  contract  hereafter  made,  by  which  a  debtor 
is  obligated  to  pay  any  tax  or  assessment  on  money  loaned, 
or  on  any  mortgage,  deed  of  trust,  or  other  lien,  shall,  as 


yo  CALIFORNIA    CONSTITUTION. 

to  any  interest  specified  therein,  and  as  to  such  tax  or  as- 
sessment, be  null  and  void. 

Sec.  6.  The  power  of  taxation  shall  never  be  surrendered 
or  suspended  by  any  grant  or  contract  to  which  the  State 
shall  be  a  party. 

Sec.  7.  The  Legislature  shall  have  the  power  to  provide 
by  law  for  the  payment  of  all  taxes  on  real  property  by 
installments. 

Sec.  8.  The  Legislature  shall  by  law  require  each  tax- 
payer in  the  State  to  make  and  deliver  to  the  County  As- 
sessor, annually,  a  statement,  under  oath,  setting  forth 
specifically  all  the  real  and  personal  property  owned  by 
such  taxpayer,  or  in  his  possession,  or  under  his  control, 
at  twelve  o'clock  meridian  on  the  first  Monday  of  March. 

Sec.  9.  A  State  Board  of  Equalization,  consisting  of  one 
member  from  each  Congressional  District  in  this  State,  as 
the  same  existed  in  eighteen  hundred  and  seventy-nine, 
shall  be  elected  by  the  qualified  electors  of  their  respective 
districts,  at  the  general  election  to  be  held  in  the  year  one 
thousand  eight  hundred  and  eighty-six,  and  at  each  guber- 
natorial election  thereafter,  whose  term  of  office  shall  be 
for  four  years,  whose  duty  it  shall  be  to  equalize  the  val- 
uation of  the  taxable  property  in  the  several  counties  of 
the  State  for  the  purposes  of  taxation.  The  Controller  of 
State  shall  be  ex  officio  a  member  of  the  Board.  The 
Boards  of  Supervisors  of  the  several  counties  of  the  State 
shall  constitute  Boards  of  Equalization  for  their  respective 
counties,  whose  duty  it  shall  be  to  equalize  the  valuation 
of  the  taxable  property  in  the  county  for  the  purpose  of 
taxation ;  provided,  such  State  and  County  Boards  of 
Equalization  are  hereby  autliorized  and  empowered,  under 
such  rules  of  notice  as  the  County  Boards  may  prescribe  as 
to  the  action  of  the  State  Board,  to  increase  or  lower  the 
entire  assessment  roll,  or  any  assessment  contained  therein, 


CALIFORNIA    CONSTITUTION.  99 

SO  as  to  equalize  the  assessment  of  the  property  contained 
in  said  assessment  roll,  and  make  the  assessment  conform 
to  the  true  value  in  money  of  the  property  contained  in 
said  roll;  provided,  that  no  Board  of  Equalization  shall 
raise  any  mortgage,  deed  of  trust,  contract,  or  other  obli- 
gation by  which  a  debt  is  secured,  money,  or  solvent 
credits,  above  its  face  value.  The  present  State  Board  of 
Equalization  shall  continue  in  office  until  their  successors, 
as  herein  provided  for,  shall  be  elected  and  shall  qualify. 
The  Legislature  shall  have  power  to  redistrict  the  State 
into  four  districts,  as  nearly  equal  in  population  as  prac- 
tical, and  to  provide  for  the  elections  of  members  of  said 
Board  of  Equalization. — Amendment  adopted  November  4, 
1884. 

Sec.  10.  All  property,  except  as  hereinafter  in  this  sec- 
tion provided,  shall  be  assessed  in  the  county,  city,  city 
and  county,  town,  township,  or  district  in  which  it  is  sit- 
uated, in  the  manner  prescribed  by  law.  The  franchise, 
roadway,  roadbed,  rails,  and  rolling  stock  of  all  railroads 
operated  in  more  than  one  county  in  this  State  shall  be 
assessed  by  the  State  Board  of  Equalization  at  their  actual 
value,  and  the  same  shall  be  apportioned  to  the  counties, 
cities,  towns,  townships,  and  districts  in  which  such  rail- 
ways are  located,  in  proportion  to  the  number  of  miles  of 
railway  laid  in  such  counties,  cities  and  counties,  cities, 
towns,  townships,  and  districts. 

Sec.  11.  Income  taxes  may  be  assessed  to  and  collected 
from  persons,  corporations,  joint  stock  associations,  or 
companies  resident  or  doing  business  in  this  vState,  or  any 
one  or  more  of  them,  in  such  cases  and  amounts,  and  in 
such  manner,  as  shall  be  prescribed  by  law. 

Sec.  12.  The  Legislature  shall  provide  for  the  levy  and 
collection  of  an  annual  poll  tax,  of  not  less  than  two  dol- 
lars, on  every  male  inhabitant  of  this  State  over  twenty-one 


100  CALIFORNIA   CONSTITUTION. 

and  under  sixty  years  of  age,  except  paupers,  idiots,  in- 
sane persons,  and  Indians  not  taxed.  Said  tax  shall  be 
paid  into  the  State  School  Fund. 

Sec.  13.  The  Legislature  shall  pass  all  laws  necessary  to 
carry  out  the  provisions  of  this  article. 

ARTICLE   XIV. 

Section  1.  The  use  of  all  Avater  now  appropriated,  or 
that  may  hereafter  be  appropriated,  for  sale,  rental,  or 
distribution,  is  hereby  declared  to  be  a  public  use,  and 
subject  to  the  regulation  and  control  of  the  State,  in  the 
manner  to  be  prescribed  by  law;  provided,  that  the  rates 
or  compensation  to  be  collected  by  any  person,  company, 
or  corporation  in  this  State  for  the  use  of  water  supplied 
to  any  city  and  county,  or  city,  or  town,  or  the  inhabit- 
ants thereof,  shall  be  fixed,  annually,  by  the  Board  of  Su- 
pervisors, or  City  and  County,  or  City  or  Town  Council, 
or  other  governing  body  of  such  city  and  county,  or  city 
or  town,  by  ordinance  or  otherwise,  in  the  manner  that 
other  ordinances,  or  legislative  acts,  or  resolutions  are 
passed  by  such  body,  and  shall  continue  in  force  for  one 
year  and  no  longer.  Such  ordinances  or  resolutions  shall 
be  passed  in  the  month  of  February  of  each  year,  and  take 
effect  on  the  first  day  of  July  thereafter.  Any  Board  or 
body  failing  to  pass  the  necessary  ordinances  or  resolu- 
tions lixing  water  rates,  where  necessary,  within  such 
time,  shall  l)e  subject  to  peremptory  process  to  compel 
action  at  the  suit  of  any  party  interested,  and  shall  bo 
liable  to  sucli  further  processes  and  penalties  as  the  Legis- 
lature may  prescribe.  Any  person,  company,  or  corpora- 
tion collecting  water  rates  in  any  city  and  county,  or  city 
or  town  in  this  State,  otherwise  than  as  so  established, 
shall  forfeit  the  franchises  and  waterworks  of  such  person, 


CALIFORNIA    CONSTITUTION'.  101 

company,  or  corporation  to  the  city  and  county,  or  city  or 
town,  where  the  same  are  collected,  for  the  public  use. 

Sec.  2.  The  right  to  collect  rates  or  compensate  for  the 
use  of  water  supplied  to  any  county,  city  and  county,  or 
town,  or  the  inhabitants  thereof,  is  a  franchise,  and  can- 
not be  exercised  except  by  authority  of  and  in  the  manner 
prescribed  by  law. 

ARTICLE  XV. 

Section  1.  The  right  of  eminent  domain  is  hereby  de- 
clared to  exist  in  the  State  to  all  frontages  on  the  navi- 
gable waters  of  this  State. 

Sec.  2.  No  individual,  partnership,  or  corporation, 
claiming  or  possessing  the  frontage  or  tidal  lands  of  a 
harbor,  bay,  inlet,  estuary,  or  other  navigable  water  in 
tins  State,  shall  be  permitted  to  exclude  the  right  of  way 
to  such  water  whenever  it  is  required  for  any  public  pur- 
pose, nor  to  destroy  or  obstruct  the  free  navigation  of  such 
water;  and  the  Legislature  shall  enact  such  laws  as  will 
give  the  most  liberal  construction  to  this  provision,  so  that 
access  to  the  navigable  waters  of  this  State  shall  be  always 
attainable  for  the  people  thereof. 

Sec.  3.  All  tide  lands  within  two  miles  of  any  incorpo- 
rated city  or  town  of  this  State  and  fronting  on  the  waters 
of  any  harbor,  estuary,  bay,  or  inlet,  used  for  the  pur- 
poses of  navigation,  shall  be  withheld  from  grant  or  sale 
to  private  persons,  partnerships,  or  corporations. 

ARTICLE   XVI. 

Section  1.  The  Legislature  shall  not,  in  any  manner, 
create  any  debt  or  debts,  liability  or  liabilities,  which 
shall,  singly  or  in  the  aggregate  with  any  previous  debts 
or  liabilities,  exceed  the  sum  of  three  hundred  thousand 


102  CALIFORNIA    CONSTITUTION. 

dollars,  except  in  case  of  war  to  repel  invasion  or  suppress 
insurrection,  unless  the  same  shall  be  authorized  by  law 
for  some  single  object  or  work  to  be  distinctly  specified 
therein,  which  law  shall  provide  ways  and  meiins,  exclu- 
sive of  loans,  for  the  payment  of  the  interest  of  such  debt 
or  liability  as  it  falls  due,  and  also  to  pay  and  discharge 
the  principal  of  such  debt  or  liability  within  twenty  years 
of  the  time  of  the  contracting  thereof,  and  shall  be  irre- 
pealable  until  the  principal  and  interest  thereon  shall  be 
paid  and  discharged;  but  no  such  law  shall  take  effect 
until,  at  a  general  election,  it  shall  have  been  submitted 
to  the  people  and  shall  have  received  a  majority  of  all  the 
votes  cast  for  and  against  it  at  such  election;  and  all 
moneys  raised  by  authority  of  such  law  shall  be  applied 
only  to  the  specific  object  therein  stated,  or  to  the  pay- 
ment of  the  debt  thereby  created,  and  such  law  shall  be 
published  in  at  least  one  newspaper  in  each  county,  or 
city  and  county,  if  one  be  published  therein,  throughout 
the  State,  for  three  months  next  preceding  the  election  at 
which  it  is  submitted  to  the  people.  The  Legislature 
may  at  any  time  after  the  approval  of  such  law  by  the 
people,  if  no  debt  shall  have  been  contracted  in  pursuance 
thereof,  repeal  the  same. 

ARTICLE  XVII. 

Section  1.  Tlie  Legislature  shall  protect,  by  law,  from 
forced  sale,  a  certain  portion  of  the  homestead  and  other 
property  of  all  heads  of  families. 

Sec.  2.  The  holding  of  large  tracts  of  land,  uncultivated 
and  unimproved,  by  individuals  or  corporations,  is  against 
the  public  interest,  and  should  be  discouraged  by  all 
means  not  inconsistent  with  the  rights  of  private  property. 

Sec.  3.  Lands  belonging  to  this  State,  which  are  suit- 


CALIFORNIA    CONSTITUTIOX.  103 

able  for  cultivation,  shall  be  granted  only  to  actual  set- 
tlers, and  in  quantities  not  exceeding  three  hundred  and 
twenty  acres  to  each  settler,  under  such  conditions  as  shall 
be  prescribed  by  law. 

ARTICLE  XVIII. 

Section  1.  Any  amendment  of  amendments  to  this  Con- 
stitution may  be  proposed  in  the  Senate  or  Assembly,  and 
if  two-thirds  of  all  the  members  elected  to  each  of  the  two 
liouses  shall  vote  in  favor  thereof,  such  proposed  amend- 
ment or  amendments  shall  be  entered  in  their  journals, 
with  the  yeas  and  nays  taken  thereon;  and  it  shall  be  the 
duty  of  the  Legislature  to  submit  such  proposed  amend- 
ment or  amendments  to  the  people  in  such  manner,  and  at 
such  time,  and  after  such  publication  as  may  be  deemed 
expedient.  Should  more  amendments  than  one  be  sub- 
mitted at  the  same  election,  they  shall  be  so  prepared  and 
distinguished,  by  numbers  or  otherwise,  that  each  can  be 
voted  on  separately.  If  the  people  shall  approve  and 
ratify  such  amendment  or  amendments,  or  any  of  them, 
by  a  majority  of  the  qualified  electors  voting  thereon,  such 
amendment  or  amendments  shall  become  a  part  of  this 
Constitution. 

Sec.  2.  Whenever  two-thirds  of  the  members  elected  to 
each  branch  of  the  Legislature  shall  deem  it  necessary  to 
revise  this  Constitution,  they  shall  recommend  to  the 
electors  to  vote  at  the  next  general  election  for  or  against 
a  Convention  for  that  purpose,  and  if  a  majority  of  the 
electors  voting  at  such  election  on  the  proposition  for  a 
Convention  shall  vote  in  favor  thereof,  the  Legislature 
shall,  at  its  next  session,  provide  by  law  for  calling  the 
same.  The  Convention  shall  consist  of  a  number  of  dele- 
gates not  to  exceed  that  of  both  branches  of  the  Legisla- 


10-1  CALTFORNIA    CONSTITUTIOX. 

ture,  who  shall  he  chosen  in  the  same  manner,  and  have 
the  same  qualifications,  as  members  of  the  Legislature. 
The  delegates  so  elected  sliall  meet  within  three  months 
after  their  election,  at  such  place  as  the  Legislature  may 
direct.  At  a  special  election  to  be  provided  for  by  law, 
the  Constitution  that  may  be  agreed  upon  by  such  Con- 
vention shall  be  submitted  to  the  people  for  their  ratifica- 
tion or  rejection,  in  such  manner  as  the  Convention  may 
determine.  The  returns  of  such  election  shall,  in  such 
manner  as  the  Convention  shall  direct,  be  certified  to  the 
Executive  of  the  State,  who  shall  call  to  his  assistance  the 
Controller,  Treasurer,  and  Secretary  of  State,  and  com- 
pare the  returns  so  certified  to  him;  and  it  shall  be  the 
duty  of  the  Executive  to  declare,  by  his  proclamation,  such 
Constitution  as  may  have  been  ratified  by  a  majority  of 
all  the  votes  cast  at  such  special  election,  to  be  the  Con- 
stitution of  the  State  of  California. 

ARTICLE   XIX. 

Sectiox  1.  The  Legislature  shall  prescribe  all  necessary 
regulations  for  the  protection  of  the  State,  and  the  coun- 
ties, cities,  and  towns  thereof,  from  the  burdens  and  evils 
arising  from  the  presence  of  aliens  who  are  or  may  become 
vagrants,  paupers,  mendicants,  criminals,  or  invalids  af- 
flicted with  contagious  or  infectious  diseases,  and  from 
aliens  otherwise  dangerous  or  detrimental  to  the  well- 
being  or  peace  of  the  State,  and  to  impose  conditions  upon 
which  such  persons  may  reside  in  the  State,  and  provide 
the  means  and  mode  of  their  removal  from  the  State,  upon 
failure  and  refusal  to  comply  with  such  conditions;  pro- 
vided, that  nothing  contained  in  this  section  shall  be  con- 
strued to  impair  or  limit  the  power  of  the  Legislature  to 
pass  such  police  laws  or  other  regulations  as  it  may  deem 
necessary. 


CALIFORNIA    CONSTITUTION.  105 

Sec.  2.  No  corporation  now  existing  or  hereafter  formed 
under  the  laws  of  this  State,  shall,  after  the  adoption  of 
this  Constitution,  employ,  directly  or  indirectly,  in  any 
capacity,  any  Chinese  or  Mongolian.  The  Legislature  shall 
pass  such  laws  as  may  be  necessary  to  enforce  this  provision. 

Sec.  3.  No  Chinese  shall  be  employed  on  any  State, 
county,  municipal,  or  other  public  work,  except  in  punish- 
ment for  crime. 

Sec.  4.  The  presence  of  foreigners  eligible  to  become  citi- 
zens of  the  United  States  is  declared  to  be  dangerous  to 
the  well-being  of  the  State,  and  the  Legislature  shall  dis- 
courage their  immigration  by  all  the  means  within  its 
power.  Asiatic  coolieism  is  a  form  of  human  slavery,  and 
is  forever  prohibited  in  this  State,  and  all  contracts  for 
coolie  labor  shall  be  void.  All  companies  or  corporations, 
whether  formed  in  this  country  or  any  foreign  country,  for 
the  importation  of  such  labor,  shall  be  subject  to  such 
penalties  as  the  Legislature  may  prescribe.  The  Legisla- 
ture shall  delegate  all  necessary  power  to  the  incorporated 
cities  and  towns  of  this  State  for  the  removal  of  Chinese 
without  the  limits  of  such  cities  and  towns,  or  for  their 
location  within  prescribed  portions  of  those  limits,  and  it 
shall  also  provide  the  necessary  legislation  to  prohibit  the 
introduction  into  this  State  of  Chinese  after  the  adoption 
of  the  Constitution.  This  section  shall  be  enforced  by 
appropriate  legislation. 

ARTICLE  XX. 

Section  L  The  City  of  Sacramento  is  hereby  declared 
to  be  the  seat  of  government  of  this  State,  and  shall  so 
remain  until  changed  by  law  ;  but  no  law  changing  the 
seat  of  government  shall  be  valid  or  binding  unless  the 
same  be  approved  and  ratified  by  a  majority  of  the  qual- 


106  CALIFORNIA   CONSTITUTION. 

ified  electors  of  the  State  voting  therefor  at  a  general  State 
election,  under  such  regulations  and  provisions  as  the  Legis- 
lature, by  a  two-thirds  vote  of  each  house,  may  provide, 
submitting  the  question  of  change  to  the  people. 

Sec.  2.  Any  citizen  of  this  State  who  shall,  after  the 
adoption  of  this  Constitution,  tight  a  duel  with  deadly 
weapons,  or  send  or  accept  a  challenge  to  tiglit  a  duel  with 
deadly  weapons,  either  within  this  State  or  out  of  it,  or 
who  shall  act  as  second,  or  knowingly  aid  or  assist  in  any 
manner  those  thus  offending,  shall  not  be  allowed  to  hold 
any  office  of  profit,  or  to  enjoy  the  right  of  suffrage  under 
this  Constitution. 

Sec.  3.  Members  of  the  Legislature,  and  all  officers, 
executive  and  judicial,  except  such  inferior  officers  as  may 
be  by  law  exempted,  shall,  before  they  enter  upon  the 
duties  of  their  respective  offices,  take  and  subscribe  the 
following  oath  or  affirmation  : 

"I  do  solemnly  swear  (or  affirm,  as  the  case  may  be,) 
that  I  will  support  the  Constitution  of  the  United  States 
and  the  Constitution  of  the  State  of  California,  and  that 

I  will  faithfully  discharge  the  duties  of  the  office  of 

according  to  the  best  of  my  ability." 

And  no  other  oath,  declaration,  or  test  shall  be  I'equired 
as  a  qualification  for  any  office  of  public  trust. 

Sec.  4.  All  officers  or  Commissioners  whose  election  or 
appointment  is  not  provided  for  bj'  this  Constitution,  and 
all  officers  or  Commissioners  whose  offices  or  duties  may 
hereafter  be  created  by  law,  shall  he  elected  by  the  people, 
or  appointed,  as  the  Legislature  may  direct. 

Sec.  5.  TIic  fiscal  year  shall  commence  on  the  first  day 
of  July. 

Shic.  6.  Suits  may  be  brought  against  the  State  in  such 
manner  and  in  such  Courts  as  shall  be  directed  by  law. 


CALIFORNIA    CONSTITUTION.  107 

Sec.  7.  No  contract  of  marriage,  if  otherwise  duly  made, 
shall  be  invalidated  for  want  of  conformity  to  the  require- 
ments of  any  religious  sect. 

Sec.  8.  All  property,  real  and  personal,  owned  Ijy  either 
husband  or  wdfe,  before  marriage,  and  that  acquired  by 
either  of  them  afterward  by  gift,  devise,  or  descent,  shall 
be  their  separate  property. 

Sec.  9.  No  perpetuities  shall  be  allowed  except  for 
eleemosynary  purposes. 

Sec.  10.  Every  person  shall  be  disqualifiecl  from  holding 
any  office  of  profit  in  this  State  who  shall  have  been  con- 
victed of  having  given  or  offered  a  bribe  to  procure  his 
election  or  appointment. 

Sec.  11.  Laws  shall  be  made  to  exclude  from  office,  serv- 
ing on  juries,  and  from  the  right  of  suffrage,  persons  con- 
victed of  bribery,  perjury,  forgery,  malfeasance  in  office, 
or  other  high  crimes.  The  privilege  of  free  suffrage  shall 
be  supported  by  laws  regulating  elections,  and  prohibiting, 
under  adequate  penalties,  all  undue  influence  thereon  from 
power,  bribery,  tumult,  or  other  improper  practice. 

Sec.  12.  Absence  from  the  State,  on  business  of  the  State, 
or  of  the  United  States,  shall  not  affect  the  question  of 
re.sidence  of  anj^  person. 

Sec.  13.  A  plurality  of  the  votes  given  at  any  election 
shall  constitute  a  choice,  where  otherwise  not  directed  in 
this  Constitution. 

Sec.  14.  The  Legislature  shall  provide,  by  law,  for  the 
maintenance  and  efficiency  of  a  State  Board  of  Health. 

Sec.  15.  Mechanics,  material-men,  artisans,  and  laborers 
of  every  class  shall  have  a  lien  upon  the  property  upon 
which  they  have  bestowed  labor  or  furnished  material,  for 
the  value  of  such  labor  done  and  material  furnished  ;  and 


108  CALIFORNIA    CONSTITUTION. 

the  Legislature  shall  provide,  by  law,  for  the  speedy  and 
efficient  enforcement  of  such  liens. 

Sec.  16.  When  the  term  of  any  officer  or  Commissioner 
is  not  provided  for  in  this  Constitution,  the  term  of  such 
officer  or  Commissioner  may  be  declared  by  law ;  and,  if 
not  so  declared,  such  officer  or  Commissioner  shall  hold 
his  position  as  such  officer  or  Commissioner  during  the 
pleasure  of  the  authority  making  the  appointment ;  but 
in  no  case  shall  such  term  exceed  four  years. 

Sec.  ]  7.  Eight  hours  shall  constitute  a  legal  day's  work 
on  all  public  work. 

Sec.  1*8.  No  person  shall,  on  account  of  sex,  be  disqual- 
ified from  entering  upon  or  pursuing  any  lawful  business, 
vocation,  or  profession. 

Sec,  19.  Nothing  in  this  Constitution  shall  prevent  the 
Legislature  from  providing,  by  law,  for  the  payment  of  the 
expenses  of  the  Convention  framing  this  Constitution,  in- 
cluding the  per  diem  of  the  delegates  for  the  full  term 
thereof. 

Sec.  20.  Elections  of  the  officers,  provided  for  by  this 
Constitution,  except  at  the  election  in  the  year  eighteen 
hundred  and  seventy-nine,  shall  be  held  on  the  even  num- 
bered years  next  before  the  expiration  of  their  respective 
terms.  The  terms  of  such  officers  shall  commence  on  the 
first  Monday  after  the  first  day  of  January  next  following 
their  election. 

ARTICLE  XXI. 

Section  1.  The  boundary  of  the  State  of  California  shall 
be  as  follows  :  Commencing  at  a  point  of  intersection  of 
the  forty-second  degree  of  north  latitude  with  the  one  hun- 
dred and  twentieth  degree  of  longitude  west  from  Green- 


CALIFORN'TA    CONSTITUTION-.  109 

wich,  and  running  south  on  tho  line  of  said  one  hundred 
and  twentieth  degree  west  longitude  until  it  intersects  the 
thirty-ninth  degree  of  north  latitude  ;  thence  running  in 
a  straight  line,  in  a  southeasterly  direction,  to  the  Eiver 
Colorado,  at  a  point  where  it  intersects  the  tMrty-fifth 
degree  of  north  latitude ;  thence  down  the  middle  of  the 
channel  of  said  river  to  the  boundary  line  between  the 
United  States  and  Mexico,  as  established  by  the  treaty  of 
May  thirtieth,  one  thousand  eight  hundred  and  forty-eight ; 
thence  running  west  and  along  said  boundary  line  to  the 
Pacific  Ocean,  and  extending  therein  tliree  English  miles  ; 
thence  running  in  a  northwesterly^  direction  and  following 
the  direction  of  the  Pacific  Coast  to  the  forty-second  de- 
gree of  north  latitude  ;  thence  on  the  line  of  said  forty- 
second  degree  of  north  latitude  to  the  place  of  beginning. 
Also  including  all  the  islands,  harbors,  and  bays  along  and 
adjacent  to  the  coast. 

APvTICLE  XXII. 

That  no  inconvenience  may  arise  from  the  alterations 
and  amendments  in  the  Constitution  of  this  State,  and  to 
carry  the  same  into  complete  effect,  it  is  hereby  ordered 
and  declared  : 

Sectiox  1.  That  all  law^s  in  foi'ce  at  the  adoption  of  this 
Constitution,  not  inconsistent  therewith,  shall  remain  in 
full  force  and  effect  until  altered  or  repealed  by  the  Legis- 
lature ;  and  all  rights,  actions,  prosecutions,  claims,  and 
contracts  of  the  State,  counties,  individuals,  bodies  cor- 
porate, not  inconsistent  therewith,  shall  continue  to  be  as 
valid  as  if  this  Constitution  had  not  been  adopted.  The 
provisions  of  all  laws  which  are  inconsistent  with  this 
Constitution  shall  cease  upon  the  adoption  thereof,  except 
that  all  laws  which  are  inconsistent  with  such  provisions 


110  CALIFORNIA    CONSTITUTION". 

of  this  Constitution  as  require  legislation  to  enforce  them 

shall  remain  in  full  force  until  the  first  day  of  July,  eichteen 

hundred  and  eighty,  unless  sooner  altered  or  repealed  by 

the  Legislature. 
I 
Sec.  2.   That  all  recognizances,  obligations,  and  all  other 

instruments,  entered  into  or  executed  before  the  adoption 
of  this  Constitution,  to  this  State,  or  to  any  subdivision 
thereof,  or  any  municiijality  therein,  and  all  tines,  taxes, 
penalties,  and  forfeitures  due  or  owing  to  this  State,  or  any 
subdivision  or  municipality  thereof,  and  all  writs,  prosecu- 
tions, actions,  and  causes  of  action,  except  as  herein  other- 
wise provided,  shall  continue  and  remain  unaffected  by 
the  adoption  of  this  Constitution.  All  indictments  or  in- 
formations which  shall  have  been  found,  or  may  hereafter 
be  found,  for  any  crime  or  offense  committed  before  this 
Constitution  takes  effect,  may  be  proceeded  upon  as  if  no 
change  had  taken  place,  except  as  otherwise  provided  in 
this  Constitution. 

Sec.  3.  All  Courts  now  existing,  save  Justices'  and  Police 
Courts,  are  hereby  abolished  ;  and  all  records,  books,  pa- 
pers, and  proceedings  from  such  Courts,  as  are  abolished 
by  this  Constitution,  shall  be  transferred,  on  the  first  day 
of  January,  eighteen  hundred  and  eighty,  to  the  Courts 
provided  for  in  this  Constitution  ;  and  the  Courts  to  which 
the  same  are  thus  transferred  shall  have  the  same  power 
and  jurisdiction  over  them  as  if  they  had  been  in  the  first 
instance  commenced,  filed,  or  lodged  therein. 

Sec.  4.  The  Superintendent  of  Printing  of  the  State  of 
California  shall,  at  least  tliirty  days  before  the  first  Wed- 
nesday in  May,  A.  D.  eighteen  hundred  and  seventy-nine, 
cause  to  be  printed  at  the  State  Printing  Otfice,  in  pamphlet 
form,  simply  stitched,  as  many  copies  of  this  Constitution 
as  there  arc  registered  voters  in  this  State,  and  mail  one 


CALIFOKNIA    CONSTITUTION.  Ill 

copy  thereof  to  the  Post  Office  address  of  each  registered 
voter ;  provided,  any  copies  not  called  for  ten  days  after 
reaching  their  delivery  office,  shall  be  subject  to  general 
distribution  by  the  several  Postmasters  of  this  State. 
The  Governor  shall  issue  his  proclamation,  giving  notice 
of  the  election  for  the  adoption  or  rejection  of  this  Con- 
stitution, at  least  thirty  days  before  the  said  first  Wednes- 
day of  May,  eighteen  hundred  and  seventy-nine,  and  the 
Boards  of  Supervisors  of  the  several  counties  shall  cause 
said  proclamation  to  be  made  public  in  their  respective 
counties,  and  general  notice  of  said  election  to  be  given  at 
least  fifteen  days  before  said  election. 

Skc.  5.  The  Superintendent  of  Printing  of  the  State  of 
California  shall,  at  least  twenty  days  before  said  election, 
cause  to  be  printed  and  delivered  to  the  Clerk  of  each 
county  in  this  State  five  times  the  number  of  properly 
prepared  ballots  for  said  election  that  there  are  voters  in 
said  respective  counties,  with  the  words  printed  thereon  : 
"  For  the  New  Constitution."  He  shall  likewise  cause  to 
be  so  printed  and  delivered  to  said  Clerks  five  times  the 
number  of  properly  prepared  ballots  for  said  election  that 
there  are  voters  in  said  respective  counties,  with  the  words 
printed  thereon  :  "Against  the  New  Constitution."  The 
Secretary  of  State  is  hereby  authorized  and  required  to 
furnish  the  Superintendent  of  State  Printing  a  sufficient 
quantity  of  legal  ballot  paper,  now  on  hand,  to  carry  out 
the  provisions  of  this  section. 

Sec.  6.  The  Clerks  of  the  several  counties  in  the  State 
shall,  at  least  five  days  before  said  election,  cause  to  be 
delivered  to  the  Inspectors  of  Election,  at  each  election 
precinct  or  polling  place  in  their  respective  counties,  suit- 
able registers,  poll -books,  forms  of  return,  and  an  equal 
number  of  the  aforesaid  ballots,  which  number,  in  the  ag- 


112  CALIFORNIA    CONSTITUTION. 

gregate,  must  be  ten  times  greater  than  the  number  of 
voters  in  the  said  election  precincts  or  polling  places. 
The  returns  of  the  number  of  votes  cast  at  the  Presidential 
election  in  the  year  eighteen  hundred  and  seventy-six  shall 
serve  as  a  basis  of  calculation  for  this  and  the  preceding 
section  ;  provided,  that  the  duties  in  this  and  the  preceding 
section  imposed  upon  the  Clerks  of  the  respective  counties 
shall,  in  the  City  and  County  of  San  Francisco,  be 
performed  by  the  Registrar  of  Voters  for  said  city  and 
county. 

Sec.  7.  Every  citizen  of  the  United  States,  entitled  by 
law  to  vote  for  members  of  the  Assembly  in  this  State,; 
shall  be  entitled  to  vote  for  the  adoption  or  rejection  of 
this  Constitution. 

Sec.  8.  The  officers  of  the  several  counties  of  this  State, 
whose  duty  it  is,  under  the  law,  to  receive  and  canvass 
the  returns  from  the  several  precincts  of  their  respective 
counties,  as  well  as  of  the  City  and  County  of  San  Fran- 
cisco, shall  meet  at  the  usual  place  of  meeting  for  such 
purposes  on  the  first  Monday  after  said  election.  If,  at  the 
time  of  meetmg,  the  returns  from  each  precinct  in  the 
county  in  which  the  polls  were  opened  have  been  received, 
the  Board  must  then  and  there  proceed  to  canvass  the  re- 
turns; but,  if  all  the  returns  have  not  been  received,  the 
canvass  must  be  postponed  from  time  to  time  until  all  the 
returns  are  received,  or  until  the  second  Monday  after  said 
election,  when  they  shall  proceed  to  make  out  returns  of 
the  votes  cast  for  and  against  the  new  Constitution ;  and 
the  proceedings  of  said  Board  shall  be  the  same  as  those 
prescribed  for  like  Boards  in  the  case  of  an  election  for 
Governor.  Upon  the  completion  of  said  canvass  and  re- 
turns, the  said  Board  shall  immediately  certify  the  same, 
in  the  usual  form,  to  the  Governor  of  the  State  of 
California. 


CALIFORNIA    CONSTITUTION.  113 

Sec.  9.  The  Governor  of  the  State  of  California  shall,  as 
soon  as  the  returns  of  said  election  shall  be  received  by 
him,  or  within  thirty  days  after  said  election,  in  the  pres- 
ence and  with  the  assistance  of  the  Controller,  Treasurer, 
and  Secretary  of  State,  open  and  compute  all  the  returns 
received  of  votes  cast  for  and  against  the  new  Constitu- 
tion. If,  by  such  examination  and  computation,  it  is  as- 
certained that  a  majority  of  the  whole  number  of  votes 
cast  at  such  election  is  in  favor  of  such  new  Constitution, 
the  Executive  of  this  State  shall,  by  his  proclamation,  de- 
clare such  new  Constitution  to  be  the  Constitution  of  the 
State  of  California,  and  that  it  shall  take  effect  and  be  in 
force  on  the  days  hereinafter  specified. 

Sec.  10.  In  order  that  future  elections  in  this  State 
shall  conform  to  the  requirements  of  the  Constitution, 
the  terms  of  all  officers  elected  at  the  first  election  under 
the  same  shall  be,  respectively,  one  }■  ear  shorter  than  the 
terms  as  fixed  by  law  or  by  this  Constitution;  and  the  suc- 
cessors of  all  such  officers  shall  be  elected  at  the  last  elec- 
tion before  the  expiration  of  the  terms  as  in  this  section 
provided.  The  first  officers  chosen,  after  the  adoption  of 
this  Constitution,  shall  be  elected  at  the  time  and  in  the 
manner  now  provided  by  law.  Judicial  officers  and  the 
Superintendent  of  Public  Instruction  shall  be  elected  at 
the  same  time  and  in  the  manner  that  State  officers  are 
elected. 

Sec.  11.  All  laws  relative  to  the  present  judicial  sj-stem 
of  the  State  shall  be  applicable  to  the  judicial  system 
created  by  this  Constitution  until  changed  by  legis- 
lation. 

Sec.  12.   This  Constitution  shall  take  effect  and  be  in 
'  force  on  and  after  the  fourth  daj'-  of  July,  eighteen  hun- 
dred and  seventy-nine,  at  twelve  o'clock  meridian,  so  far 


114  CALIFORNIA   CONSTITUTION. 

as  the  same  relates  to  the  election  of  all  officers,  the  com- 
mencement of  their  terms  of  office,  and  the  meeting  of  the 
Legislature.  In  all  other  respects,  and  for  all  other  pur- 
poses, this  Constitution  shall  take  effect  on  the  first  day 
of  January,  eighteen  hundred  and  eighty,  at  twelve  o'clock 
meridian. 

J.  P.  HoGE,  President. 

Attest:  Edwin  F.  Smith,  Secretcm/. 


INDEX  TO  SCHOOL  LAW. 

Sec.  Page 
ACTS.    OFFICIAL— County    Superintendent    must 

keep  record  of  his  own 1543  151 

Cou  iity  Superintendent  must  keep  record  of  County 

Board 1543  151 

ALCOHOLIC    DRINKS— Instruction  must  be  given 

in  nature  of 1667  170 

API^ARATUS— Duty  of  Trustees  to  purchase 1017  162 

Only  adopted  can  be  purchased 1()17  162 

May  be  purchased  with  County  Fund lt;'22  166 

Itemized  bill  of,  to  be  presented  to  Superintendent  1712  175 

Orders  for,  must  be  approved  by  Superintendent..  1712  175 

Duty  of  County  Board  of  Education  to  adopt 1771  178 

APPEAL— Teachers  have  right  of,  in  case  of  dis- 
missal   1698  173 

When  teacher  is  entitled  to  pay  during  pending  of  1698  173 
APPLICANT    FOR    EXAMINATION  —  Record   of 

standing  of,  must  be  kept 1543  151 

Rf'cord  ot.  niu?t  be  open  to  inspection  of  whom  ..   1543  151 
APPORTIONMENT— Of    State    Fuud    to   counties, 

made  by  State  Superintendent 1532  147 

Abstract  of,  to  whom  to  be  furnished 1532  147 

Order  for   moneys   apportioned,  in   whose   favor 

drawn .' , 1532  147 

Order  for  must  be  drawn  on  Controller 1532  147 

To  districts,  must  be  made  quarterly  by  County 

Superintendents 1543  148 

How  made  in  case  of  large  census  roll  and  small 

attendance 1543  148 

Of  moneys  remaining  to  credit  of  lapsed  district..   1543  149 

How  made  in  case  of  joint  districts 1583  158 

When  reapportionment  must  be  made 1621  165 

When  reapportionment  must  not  be  made 1621  165 

When  Trustees  are  liable  for  full  amount  of 1624  166 

When  must  be  withheld  from  district 1672-3  171 

Of  State  Fund,  how  made  to  counties 1858  186 

Of  all  moneys,  how  made  to  districts 1858  186 

vVhen  district  is  not  entitled  to  any  State  Fund  .  .1859-60  188 

District  entitled  in  case  of  fire,  flood,  etc 1859  187 

When  part  of  State  Fund  must  be  withheld 1875  190 

When  withheld,  how  apportioned 1875  190 

5 


116  INDEX   TO   SCHOOL   LAW. 

Sec.  Page 
ASSESSOR— Mnst  not  receive  fee  in  connection  with 

school  moneys 1S57  186 

Shall  receive  fee  for  collecting  poll  tax  18-57  186 

ATTORNEY,  DISTRICT— Is  the  public  prosecutor..  4256  216 

Must  eive  opinion  without  fee 4256  216 

AUDITOR— State  Superintendent  must  report  appor- 
tionment to 1532  147 

Must  report  to  County  Superintendent  when  re- 
quired    1543  148 

Must  draw  warrant  as  required  by  County  Super- 
intendent     1543  148 

Mustdraw  warrant  in  favor  of  City  Treasurer,  when  1543  149 
Must  draw  warrant  for  teacher  appointed  by  Su- 
perintendent   1545  152 

Must  draw  warrant  for  certain  repairs,  etc 1546  152 

Must  draw  warrant  for  postage,  etc 1548  152 

Must  draw  warrant  for  Institute  expenses 1564  154 

When  must  not  draw  warrant 1700-1  174 

Superintendent  must  report  to  liim  County  P^und 

needed 1817  183 

Mustlevy  county  tax  when  Supervisors  fail  to  do  so  1819  184 

Duty  of,  in  regard  to  district  tax 1837  185 

Duty  of,  relative  to  canceled  bonds 1887  193 

AYES  AND  NOES— When  shall  be  taken  in  County 

Boards  of  Education 1768  177 

Shall  be  recorded  in  minutes  of  Board 17(i8  177 

BINDING— Certain  may  be  ordered  by  State  Super- 
intendent    1532  147 

County  Superintendent  may  have  certain  dune  .  . .  1548  152 
Amount  that  County  Superintendent  can  expend 

for * 1548  152 

Amount  must  be  paid  out  of  County  Fund 1548  152 

BLANKS— State   Superintendent  must  turnish  cer- 
tain    1532  147 

County  Superintendent  must  distribute 1543  151 

BOARDS  OF  EDUCATION,  CITY-How  elected.. .  1616  IGI 

Powers  and  duties  of 1616  161 

To  i)rescribe  rules,  etc 1617  161 

To  manage  and  control  school  property 1617  162 

To  purchase  certain  text-books 1617  162 

To  purchase  school  furniture  and  apparatus 1617  162 

To  rent,  furnish,  repair,  etc 1617  162 

To  l)uild  school  houses,  etc 1617  162 

To  make  conveyances 1617  162 

To  employ  teaciiers,  etc   1617  162 

To  sus)»end  or  expel  pupils 1617  1(52 

To  exclude  children  under  six 1617  1(!2 

To  admit  children  of  four 1617  162 


INDKX    TO    SfUOOI.    LAW.  117 

Sec.  Page 
BOARDS  OP  EDUCATION,  CITY— Continiki). 

To  enforce  course  of  study  aud  text-books 1017  1(52 

To  appoint  district  librarians 1(;17  Kio 

To  enforce  rules  for  libraries Kill  103 

To  exclude  certain  books,  etc 1017  163 

To  furnish  books  for  certain  parties 1G17  163 

To  keep  a  register  of  applicants  for  admission 

to  the  schools 1017  163 

To  admit  children  from  other  districts 1017  163 

To  appoint  School  Census  Marshal 1017  103 

To  report  to  County  Superintendent  of  Schools..  1017  103 

To  report  to  State  Superintendent  when  required.  1617  103 

Must  maintain  all  schools  equal  length  of  time.. . .  1619  105 

Must  maintain  all  schools  with  equal  rights 1619  165 

Must  furnish  certain  material  for  pupils 16"20  165 

Must  maintain  schools  for  eight  months  each  year.  1621  165 

Are  liable  for  failure  to  appoint  Census  Marshal. .  1024  166 
Must  keep  school  open  for  admission  of  children 

between  si.\  and  twenty-one 1662  169 

May  admit  adults 1602  169 

May  ndmit  non-residents  1002  169 

May  exclude  children  of  filthy  habits 1062  1(;9 

May  form  separate  schools  for  Chinese 1062  169 

May  form  separate  schools  for  Indians 1602  109 

May  admit  kindergarten  childieii 1002  169 

Must  cause  instruction  in  certain  branches  to  be 

given 1665  170 

Ma}'  authorize  special  studies 1605  170 

Must  cause  instruction  in  morals  and  manners  to  be 

given 1667  170 

Must  cause  attention  to  be  given  to  physical  exer- 
cises   1608  170 

Must  exclude  sectarion  publications 1672  170 

Penalty  for  failure  to  enforce  Section  1072 1072  170 

Must  not  continue  school  in  session  over  six  hours  1673  171 

Penalty  for  failure  to  enforce  Section  1673 1073  171 

Must  not  draw  warrants  in  certain  cases 1700-1  174 

Must  expend  Library  Fund,  how 1712  174 

Must  cause  library  books  to  be  marked 1712  175 

Must  keep  library  in  school  house 1715  176 

Are  responsible  for  care  of  library 1717  176 

In  certain  cities  may  elect  Board  of  Examination.  1787  181 
May  allow  salary  to  m'embers  of  City  Board  of  Ex- 
amination    1794  183 

Must  use  State  Fund  to  pay  teachers'  salaries li^Ol  188 

Penalty  for  illegally  issuing  certificate 186!t  188 

Penalty  for  acting  as  agent  for  any  author 1870  188 

May  administer  oaths 1873  188 


lis  INDEX    TO   .SCHOOL    LAW. 

Sec.  Page 
BOARDS  OF  EDUCATION,  CITY— Continued. 

Must  observe  law  for  adoption  of  books 1874  189 

Members  of,  must  uot  be  interested  in  certain  j     920  213 

contracts {    1876  190 

Must  not  accept  bribes 1879  191 

Duty  of,  in  reference  to  bonds 1889  194 

District  Attorney  is  legal  adviser  of 4256  216 

BOARDS    OF    EDUCATION,    COUNTY  — Superin- 
tendent must  keep  record  of  acts  of 1543  151 

Must  prescribe  the  course  of  study 1663  169 

Must  provide  for  examination  of  pupils 1663  169 

May  amend  or  change  course  of  study 1663  170 

May  authorize  additional  studies 1666  170 

Library  books  and  apparatus  must  be  adopted  by.  1712  174 

Of  whom  composed 1768  176 

Members  of,  by  whom  appointed 1768  176 

Two  members  of,  must  be  teachers 1768  176 

Members  of,  when  appointed 1768  176 

When  Superintendent  must  appoint 1768  177 

When  members  of  must  qualify 1768  177 

When  Board  shall  organize 1768  177 

Three  members  form  a  quorum  of 1 768  177 

Three  votes  required  fur  certain  measures 1768  177 

When  ayes  and  noes  must  be  taken 1768  177 

Ayes  and  noes  must  be  recorded 1768  177 

Superintendent  is  Secretary  of I7(i9  177 

Board  elect  President  of 1769  177 

Must  meet  semi-annually 1770  1 77 

Special  meetings  may  be  called  by  Superintendent  1770  177 

When  Superintendent  must  call  special  meeting  . .   1770  177 

Notice  required  for  semi-annual  meetings 1770  177 

Business  of  special  meetings 1770  177 

F]xaminations  held  only  at  regular  meetings 1770  177 

Certificates  on  credentials  may  be  granted  at  any 

meeting 1770  177 

Certificates  may  be  renewed  at  any  meeting 1770  177 

Compensation  of  members 1770  178 

Compensation  of  Secretary 1770  178 

Compeusatioii,  from  what  fund  payable 1770  178 

Expenses  of,  liow  paid 1770  178 

Powers  of 1771  178 

To  adopt  rules  tor  their  government 1771  178 

To  adojit  rules  for  examination  of  teachers 1771  178 

To  examine  applicants  lor  certificates 1771  178 

To  prescribe  standard  of  proficiency 1771  178 

To  grant  certificates  of  three  grades    1771  178 

To  grant  special  certificates 1771  178 

To  prescribe  uniform  text-books 1771  178 


IKDEX   TO   SCHOOL   LAW.  119 

Sec.  Page 
BOARDS  OF  EDUCATION,  COUNTY— Continued. 

To  prescribe  a  course  of  study 1771  178 

To  revoke  certificates 1771  179 

To  keep  record  of  proceedings 1771  17'J 

To  issue  diplomas  of  graduation  from  the  public 

schools 1771  171) 

To  adopt  and  use  a  seal 1771  179 

To  keep  all  examination  papers  one  year 1771  179 

To  whom  they  can  grant  certificates 1772  179 

Must  examine  applicant  orally  also 1773  179 

Must  ask  questions  of  practical  utility 1773  179 

Must  have  examinations  public 1774  179 

May  grant  certificates  on  certain  credentials^ 1775  180 

May  renew  unexpired  certificates 1775  ISl 

May  grant  special  certificates  on  credentials 1775  181 

Members  must  not  prepare  applicants  for  exami- 
nation    1776  181 

Penalties  for  violation  of  Section  1776 1776  181 

Penalty  for  illegally  issuing  certificates 1869  188 

Penaltj  for  acting  as  agent  for  authors,  etc 1870  188 

Officers  of,  may  administer  oaths 1873  188 

How  governed  in  the  adoption  of  books Ib74  189 

Must  not  be  interested  in  certain  contracts -j    -/q-q  ^j^q 

Attempt  to  influence  action  of  is  a  misdemeanor. .  1879  191 

District  Attorney  is  legal  adviser  of 4256  216 

BOARD  OF  EDUCATION,  STATE— Who  compose 

the 1517  144 

Officers  of 1518  144 

Majority  vote  of,  necessary 1519  144 

Meetings  of,  when  held .   1520  144 

Powers  and  duties  of 1521  144 

Traveling  expenses  of,  how  paid 1522  146 

When  guilty  of  misdemeanor 1869  188 

Members  of  must  not  act  as  agents  for  authors,  etc.  1S70  188 

Officers  of  may  administer  oaths 1873  188 

Must  not  be  interested  in  certain  contracts 1876  190 

BOARDS  OF  SUPERVISORS.     See  Supervisors. 

BOARDS  OF  TRUSTEES.    See  Tkustees. 

BONDS— Relative  to,  in  cities  of  fifth  class 226 

BONDS,   DISTRICT  SCHOOL— Trustees  mav  hold 

election  for 1880  191 

Notice  of  election  for,  how  given 1881  191 

Notice  must  contain  what 1882  191 

How  election  for  must  be  conducted 1883  192 

Returns  of  election,  how  and  when  canvassed  ....  1884  192 

Proceedings  to  be  certified  to  Supervisors 1884  192 

When  Supervisors  must  issue 1884  192 


120  IMDEX   TO   SCHOOL    LAW. 

Sec.  Page 

BONDS,  DISTRICT  SCHOOL— Continued. 

Out  of  what  fund  payable 1884  192 

Amount  of  that  may  be  issued 18S4.  192 

Form  of 1885  192 

Time  when  payable 1*^85  192 

Maximum  rate  of  interest  on 18'^6  192 

Must  not  be  sold  for  less  than  par 188G  192 

Proceeds  of,  how  disposed  of l^^SS  192 

Tax  to  pay,  how  I'.^vied 1S87  l!»:^ 

Auditor  to  draw  warrant  to  pay 18S7  193 

Those  paid  to  be  filed  with  Treasurer 1887  193 

Method  of  proceedings  when  Supervisors  fail  to 

levy  tax 1888  193 

Disposition  of  unsold 1889  194 

BONDS,   PUBLISHERS'— Publishers,  whose  books 

are  adopted,  must  give 1874  190 

BOOKS— For  teachers'  library,  from  what  fund  paid 

for 1565  155 

Amount  of  fund  that  can  be  expended  for 1565  155 

Catalogue  of  to  be  kept  by  Superintendent 15(i5  155 

For  certain  children  to  be  furnished  by  Trustees. .  1617  162 
Only  those  adopted  by  County  Board  may  be  pur- 
chased  !.... 1617  162 

Use  of  text-books  must  be  enforced 1617  162 

Certain  must  be  excluded  from  libraries 1617  163 

Clerks  must  keep  suitable 1650  168 

Teachers  must  enforce  use  of  text-books 1696  172 

Library  books  must  be  those  adopted  by  County 

Board 1712  174 

List  of  must  be  approved  by  Superintendent,  when  1712  174 

Must  be  properly  stamped 1712  175 

Text-books  must  be  prescribed  by  County  Board..  1771  178 

Library,  must  be  adoi)ted  by  County  Board 1771  178 

Rules  governing  the  adoption  of  text-books 1874  189 

BOUNDARIES  OF  SCHOOL  DISTRICTS— Supcrin- 

intendent  must  see  that  they  are  described 1551  153 

Must  keep  transcript  of 1551  153 

Must  report  conflicting  to  Supervisors 1551  153 

May  order  description  of  to  be  printed 1551  153 

May  pay  for  printing  description  of 1551  153 

How  and  when  may  be  changed 1577  157 

Duty  of  Superintendent  relative  to  changing 1578  158 

Duty  of  Supervisors  relative  to  changing 1579  158 

BUILDING  FUND— Act  to  dispose  of  money  remain- 
ing in 224 

CENSUS  MARSHAL— When  and  by  whom  appointed  1617  163 
Notice  of  ap])ointment  of,  to  be  sent  to  Superin- 
tendent   1617  163 


INDEX    TO   SCHOOL    LAW.  121 

Sec.  Page 

CKNSUS  marshal-Continued. 

Appointment  of,  in  cities,  to  be  approved  by  Su- 
perintendent    1617  163 

Trustees  and  Boards  of  Education  liable  for  failure 

to  appoint 1624  166 

Penalty  for  failure  to  appoint 1H24  166 

Duties  of 1634  166 

Must  report  to  both  Superintendents  in  joint  dis- 
tricts    1635  167 

Report  of  must  be  made  under  oath 1636  167 

Report  must  show  what 1636  167 

Has  power  to  administer  oaths 1636  167 

Superintendent  may  correct  or  retake  census 1636  167 

May  pay  party  appointed  to  retake 1636  167 

Must  include  whom  in  his  report 1637  167 

Must  not  include  certain  children 1638  168 

Compensation  of,  how  paid. 163t>  168 

Amount  of  compensation 1639  168 

Compensation  must  not  be  per  capita 1639  168 

When  order  for  compensation  may  be  drawn 1639  168 

When  no  compensation  can  be  allowed 1639  168 

Penalty  for  failure  to  report 1640  168 

CENSUS   RETURNS— To  whom  and  when  State  Su- 
perintendent must  report lo32  147 

To  whom  and  when  Superintendent  must  make  .. .   1551  153 

CERTIFICATES    OF   ELECTION-Must   be   deliv- 
ered to  persons  elected 1602  160 

Must  be  filed  with  County  Superintendent 1602  160 

CERTIFICATES,  TEACHERS'— Must  correspond  to 

grade  of  school 1543  152 

Amount  of  fee  for 156')  155 

No  fee  for  temporary 1565  155 

Fee  for,  into  what  fund  payable 1565  155 

For  wJiat  purpose  used 1565  155 

Of  but  one  county  needed  in  joint  districts 15'^3  158 

Teachers  must  file  with  Superintendent,  when 1696  172 

When  exempted  from  filing  certificates j    -|^'^,,g  J^., 

No  -warrant  to  be  drawn  to  one  not  a  holder  of  . . .  1701  174 

Party  must  be  eighteen  years  of  age  to  receive  .. .  1704  174 

Vote  necessary  to  grant,  revoke  or  renew 1708  177 

Upon  examination,  can  be  granted  only  at  semi- 
annual meetings  of  County  Board 1770  177 

Upon  credentials,  may  be  granted  at  any  meeting 

of  County  Board 1770  177 

County  Boards  may  c'ant  three  classes  of 1771  178 

Force  of  high  school 1771  178 

Force  of  grammar  1771  178 


122  INDEX    TO   SCHOOL    LAW, 

Sec.  Page 
CERTIFICATES,  TEACHERS'— Continued. 

Force  of  primary 1771  178 

Board  may  grant  special  1771  178 

Board  may  revoke  lor  cause  .   1771  179 

Studies  necessary  for  primary 1772  179 

Standing  of  applicants  must  be  indorsed  on 1774  179 

To  whom  may  be  granted  without  examination  . . .  1775  180 
To  wliom  high  school  may  be  granted  without  ex- 
amination   1775  IJ^O 

The  Board  may  renew  certificates 1775  181 

In   cities  teachers  may  be   examined  in  special 

studies 1775  181 

Renewed,  how  long  valid 1775  ISI 

Applicants  must  not  receive  instruction  from  mem- 
bers of  the  Board 1776  181 

Issued  upon  what  blanks 1776  181 

Members  of  Board  not  allowed  to  prepare  appli- 
cants   1776  181 

Penalty  for  violation  of  this  section 1776  181 

City  Boards  of  Examination  may  recommend  for  .  1791  1^2 
City  Boards  of  Examination  may  recommend  for 

special 1 791  182 

Force  of,  in  the  several  grades 1791  182 

City  Boards  of  Examination  may  recommend  rev- 
ocation of,  for  cause 1791  182 

City  Boards  of  Examination  may  recommend  the 

granting  of,  on  credentials 1792  183 

City  Boards  of  Examination  may  recommend  re- 
newal of 1792  183 

Force  of  special  city  certificates 1793  183 

Must  correspond  to  grade  of  school 1793  183 

Teachers  holding  can  be  dismissed  only  for  cause.  1793  183 
Must   be  issued  only  to  persons   of  good   moral 

character 1871  188 

Act  to  continue  certificates  in  force 223 

CERTIFICATES,    TEMPORARY— County   Buperio- 

tondent  may  issue 1543  150 

Valid  for  what  time 1543  150 

To  whom  may  lie  granted 1543  150 

Cannot  be  granted  but  once  in  same  county 1543  150 

No  fee  roqiiired  for 1565  155 

CLASSIFICATION— Of  pupils,  to  be  left  at  close  of 

term  in  the  State  Register 1696  172 

CLERK,  DISTRICT-Must  be  elected  on  first  Satur- 
day of  July 1649  168 

When  Superintendent  must  appoint 1649  16S 

Duli(!s  of 1650  168 

Must  jirovide  school  Hui)plies 1651  169 


INI>KX    TO    .SCHOOL    LAW.  I'J.'i 

fc'ec.  Pa  ^'6 
CliERK,  DISTRICT— Continued. 

Must  keep  school  house  in  repair 16/)1  IG'J 

Must  care  for  property  during  vacations IGol  1(;0 

CODP:,  POLITICAr.-How  construed 4  211 

Establishes  the  law 4  211 

COMPULSORY  EDUCATION— Acts  relating  to  ... .  219 
CONTRACTS— Certain  cannot  extend  beyond  June 

30th 1617  162 

Trustees  liable  for  salary  of  teacher  on 1623  166 

Trustees  liable  for  all  debts  on 1*523  166 

Must  not  be  in  excess  of  moneys  for  year 1623  1(56 

When  district  not  liable  for 1623  1()6 

Certain  parties  must  not  be  interested  in 920  213 

CONTROLLER,   STATE-Must   audit  traveling  ex- 
penses of  State  Board  of  Education 1522  146 

Must  pay  traveling  expenses  out  of  General  Fund.  1522  14(j 
Must  be  furnished  with  abstract  of  apportionment 

of  State  Fund 1532  147 

Orders  for  State  apportionment  to  be  drawn  upon.  1532  147 

Number  of  census  children  to  be  reported  to 1532  147 

Must  keep  separate  account  of  school  fund,  etc.. .     435  PC 
Must  report  to  Superintendent  of  Public  Instruc- 
tion, when 435  PC 

Must  draw  warrant  in  favor  of  County  Treasurers    435  PC 
CONVENTION— Biennial  of  Superintendents  to  be 

called 1533  148 

Duty  of  Superintendents  to  attend 1533  148 

Expenses  of  Superintendents  at,  to  be  allowed.  . .  1533  14S 
Expenses  of  Superintendents  at,  out  of  what  fund 

paid 1533  148 

How  and  by  whom  called 1533  148 

COURSE  OF  STUDY— Superintendent  must  report 

failure  to  enforce  to  County  Board 1546  152 

Trustees  must  enforce  in  their  schools 1617  162 

Must  be  prescribed  by  County  Board 1663  l6i> 

May  be  changed  by  County  Board 1663  16!» 

Teachers  must  enforce 1696  170 

DEPUTY  SUPERINTENDENT  OF  SCHOOLS-May 

be  appointed  by  Superintendents 1549  153 

Can  receive  no  salary  from  School  Fund 1549  153 

When  may  receive  salary  in  cities 1550  153 

DIPLOMAS,  EDUCATIONAL— May  be  granted  by 

State  Board  of  Education 1521  144 

Are  of  two  grades 1521  144 

Are  valid  throughout  the  State  for  six  years 1521  144 

Force  of  each  grade 1521  144 

To  whom  may  be  granted 1521  145 

Requirements  for 1521  145 


124  INKKX    TO    .SCHOOL    LAW. 

Sec.  Page 

DIPLOMAS,  EDUCATIOXAL-CONTIMED. 

Holder  not  required  to  file  tliem  with  Superintend- 
ent.. 1690  172 

DIPLOMAS,    GRADUATION— To   be    provided   for 

graduates  of  grammar  schools 1663  169 

County  Boards  of  Education  must  issue 1771  17!) 

By  wliom  designed 17U  179 

To  whom  to  be  issued 1771  179 

By  whom  to  be  signed 1771  179 

DIPLOMAS,  LIFE— By  whom  granted 1521  144 

Are  of  two  grades ....   1521  144 

Are  valid  throughout  the  State. 1521  144 

Force  of  each  grade 1521  144 

To  whom  may  be  granted 1521  145 

Requirements  for  granting 1521  145 

Fee  for..     1521  115 

Holders  of  not  required  to  file  thera  with  Countv 

Superintendent '.  1696  172 

DISMISSAL— Of  teachers,  right  of  appeal  in  case  of  1698  173 

Good  causes  for 1791  182 

How  accomplished  in  cities. 1793  183 

DISOBEDIENCE— On  part  of  pupils,  good  cause  for 

expulsion 16*^5  171 

DISTRICT  MEETINGS— May  be  called  when 1617  164 

When  must  be  sailed 1617  164 

How  called 1617  164 

For  what  purpose  may  be  called 1617  164 

How  organized 1617  164 

May  instruct  Trustees,  relative  to  what 1617  164 

May  be  adjourned  from  time  to  time 1617  164 

Trustees  are  bound  by  instructions  of 1617  164 

Votes  to  instruct  Trustees,  how  taken 1617  164 

DISTRICTS,  JOINT— How  formed 1577  157 

To  whom  petition  for  must  be  made 1577  157 

Provision  for,  to  be  by  concurrent  action  of  Super- 
intendent and  Supervisors 1577  157 

Duty  of  Superintendent,  relative  to 1578  158 

Duty  of  Supervisors,  relative  to 1579  158 

Mode  of  ai)f)ortioning  funds  to 1583  158 

What  text-books  must  be  used  in 1583  158 

What  rules  govern  in 1583  158 

To  whom  reports  in  must  be  made 1583  158 

Teacher  is  not  required  to  hold  certificate  in  both 

counties 1583  158 

Ki'lative  to  Trustees  in 1615  l6l 

DISTRICTS,  NEW— When  may  be  formed 1577  156 

How  formed 1577  156 

When  not  entitled  to  apportionment 1577  157 


INDEX   TO    SCHOOL    LAW.  125 

Sec.  Page 
DISTRICTS,  NEW— Continued. 

Duty  of  Superintendent,  relative  to 1578    158 

Duty  of  Supervisors,  relative  to 1578  158 

When  school  must  be  openerl  in 1581  158 

DISTRICTS,  SCHOOL-Superintendent  must  appor- 
tion funds  to,  quarterly  .. .., 1543  148 

Disposal  of  money  accuinul#l°"l  in 1543  148 

When  Superintendent  may  suspend 1543  14s 

When  Supervisors  shall  declare  lapsed 1543  148 

Territory  of,  lapsed,  how  disposed  of 1543  148 

Property  of,  lapsed,  how  disposed  of 1543  149 

Debts  of,  lapsed,  how  paid 1543  14!> 

Balance  of  moneys  in,  lapsed,  how  disposed  of 1543  149 

When  Superintendent  must  appoint  Trustees  in  .. .   1543  151 

When  Superintendent  must  appoint  teacher  in 1545  152 

Superintendent  mav  require   certain  duties  from 

Trustees  in  .,..,. ' 154G  152 

Number  of  pupils  equal  to,  in  cities 1548  152 

Superintendent  must  keej)  record  of  boundaries  of  1551  153 
Superintendent  must  have   boundaries   correctly 

described 1551  153 

Superintendent  to  report  incorrect  boundaries  to 

Supervisors 1551  153 

Supervisors  must  correct  boundaries  of 1551  153 

Superintendent  may  order  description  of  bound- 
aries to  be  printed 1551  153 

Must  be  named,  not  numbered .....  1575  155 

Trustees  of  may  sue  and  be  sued  in  name  of 1575  155 

When  city  or  town  forms  but  one 1576  155 

When  outlying  may  be  annexed  to  city 157K  155 

When  new  may  be  formed,  and  how 1577  15(5 

When  boundaries  of  may  be  changed,  and  how. . .   1577  157 

When  contiguous  may  unite 1577  157 

When  and  how  joint  may  be  formed 1577  157 

Duties  of  Superintendent  relative  to  new  and  joint  1578  158 

Duties  of  Supervisors  relative  to  new  and  joint... .  1579  158 

When  school  must  be  begun  in 1581  158 

How  money  is  api)ortioned  in  joint 1583  158 

What  text-books  must  be  used  in  joint 1583  158 

To  whom  reports  must  be  made  in  joint 15m3  15S 

What  rules  govern  joint 1583  158 

Trustees  of,  when  elected 1593  159 

Number  of  Trustees  in  each 1593  159 

Term  of  office  of  Trustees  in  new 1593  159 

Term  of  office  in j    ]^J^  J'^J 

Are  under  control  of  Trustees IGU  161 

In  new,  old  Trustees  residing  in  hold  over 1615  161 


126  INDEX   TO   SCHOOL    LAW. 

Sec.  Page 

DISTRICTS,  school-Continued. 

Id  joint,  when  Trustees  in  are  elected 1615  lf)l 

In  joint,  terms  of  old  Trustees  expire 1615  161 

Books  for  iudi.sent  children  belong  to 1617  163 

When  aggregate  of  time  is  considered  wiien  school 

is  maintained  in  diflferent  parts  of    1619  165 

Outstanding  claims  against,  how  paid 1621  165 

When  not  liable  for  contracts 1623  166 

Relative  to  election  of  Clerk  of 1649  16S 

Duties  of  Clerk  of 1650  168 

Residents  of,  entitled  to  use  of  library 1716  176 

Relative  to  district  taxes  in 18:50-9  184 

How  funds  are  apportioned  to 18)8  186 

Provision  for  deficiency  of  moneys  in ls5S  1S7 

When  not  entitled  to  apportionment 1859-60  187 

When  new  are  entitled  to  apportionment 1859  187 

When  do  not  lose  apportionment 1859  187 

DOCTRINF-S,  SECTARIAN— Must  not  be  taught  in 

schools 1672  170 

Penalty  for  violation  of  this  law 1672  170 

ELECTIONS— For  Trustees,  when  held 1593  159 

Notice  of,  to  be  given 1595  159 

What  notice  of  must  contain  1595  159 

Officers  of,  who  are  and  by  whom  appointed 1596  159 

When  electors  may  appoint  officers  of 1596  159 

Length  of  time  polls  must  be  kept  open 1597  160 

(    loss  ^14 

Who  are  qualified  to  vote  at -j    j^^gg  -^00 

Exempted  from  certain  provisions  of  general  elec- 
tion law 1599  160 

How  voting  is  conducted  at 1599  160 

Parties  offering  to  vote  may  be  challenged 1600  160 

Poll  and  tally  lists  must  be  kept IGOl  16) 

Officers  of  must  give  certificates  to  the  elected... .  1602  160 

Tift  vote  at  does  not  result  in  choice 1067  PC 

Who  are  not  entitled  to  vote  at 1084  214 

ELECTOR-Qualifications  of 1600  KiO 

Every,  is  eligible  to  office 58  212 

Who  may  be 1083  214 

Parties  that  cannot  be 1084  214 

ENGLISH  LANCU ACE-AU  schools  must  be  taught 

in 1664  170 

EPIDEMICS- Shall   exempt  from  reapportionment 

of  funds 1621  165 

Shiill  pxcni|)t  di.strict  from  loss  of  apportionment..  1859  187 

EXAMINATION,  CITV  BOARD  OK— There  may  be 

in  cities  of  first,  second  or  third  class 1787  181 

Of  wiiom  composed 1788  181 


INDEX   TO   SCHOOL    LAW.  127 

yec.  Page 
EXAMINATION,  CITY  BOARD  OF— Continued. 

Qualification  of  members  of 1788  181 

By  whom  elected 1788  Isl 

Superintendent  of  Schools  is  Chairman  of 178'.)  182 

Must  liold  examinations  of  teachers  semi-annually  1790  182 

May  hold  monthly  meetings 1790  182 

May  hold  special  meetings 1790  182 

When  must  hold  special  meeting 1790  182 

What  business  can  be  transacted  at  special  meet- 
ings    1790  182 

Notice  of  special  meetings  must  be  given 1790  .  1S2 

All  meetings  must  be  public 1790  182 

Record  of  proceedings  must  be  kept 171;0  182 

Powers  and  duties  of 1791  182 

To  adopt  rules  for  its  own  government 1791  182 

To  adopt  rules  for  examination  of  teachers 1791  182 

To  examine  applicants 1791  182 

To  prescribe  a  standard  of  proficiency 1791  182 

To  recommend  the  granting  of  high,  grammar 

and  primary  certificates 1791  182 

To  recommend  the  granting  of  special  certifi- 
cates    1791  182 

To  recommend  the  revocation  of  certificates  . . .  1791  ls2 

Force  of  certificates 1791  182 

May  recommend  certificates  to  issue  without  ex- 
amination    1792  183 

Members  of  may  receive  salary 1794  183 

EXAMINATION,    COUNTY    BOARDS    OF.      See 

Boards  of  Education,  County. 
EXAMINATION    OP    TEACHERS— Superintendent 

must  enforce  the  rules  for ..  1543  150 

County  Board  must  hold  semi-annual  meetings  for  1770  177 

County  Board  has  power  to  adopt  rules  for 1771  178 

Papers  of  must  be  kept  one  year 1771  179 

In  what  studies  applicant  must  pass 1772  179 

Must  be  in  writing  and  oral 1773  179 

Character  of  questions  to  be  asked 1773  179 

Must  be  public 1773  179 

Standing  in  must  be  indorsed  on  certificate 1774  179 

May  be  had  on  special  studies 1775  1^1 

When  City  Boards  for  must  meet 1790  1>>2 

City  Boards  may  adopt  rules  for 1790  182 

City  Boards  may  fix  standard  for 1790  182 

EXPENSES— Of  members  of  State  Board  of  Educa- 
tion, how  paid 1-322  14G 

Of  Superintendent  of  Public  Instruction,  liow  paid  1532  147 
Of  Superintendents   at   Superintendents'  conven- 
tion, how  paid 1533  148 


128  INDEX   TO   SCHOOL   LAW. 

Sec.  Page 

EXPENSES— CoNTiNUEP. 

Of  Superintendents,  for  binding,  postage,  etc 1548  152 

Of  Count}'  Superintendents,  how  paid 1552  153 

Of  City  Institutes,  liow  paid 1560  154 

Of  Count}'  Institutes,  how  paid 1564-5  154 

Of  Census  Marshals,  how  paid 1639  168 

Of  members  of  County  Boards,  how  paid 1770  178 

Of  printing  for  County  Boards,  how  paid 1770  178 

Of  incidentals  for  County  Boards,  how  paid 1770  178 

Of  members  of  City  Boards,  how  paid 1794  183 

EXPRb^SSAGE  —  Amount  allowed  Superintendents 

for 1548  152 

Amount   that  may   be   used   during   the   first  six 

months  of  year 1548  152 

EXPULSION— Of  pupils,  good  cause  for 1685-6  171 

FEES— For  life  diplomas 1521  146 

For  teachers'  certificates 1565  155 

For  use  of  library 1716  176 

FIRE— Shall  exempt  district  from  reapportionment 

of  funds 1621  165 

Shall  exempt  district  from  loss  of  apportionment.  1859  187 

FLOOD— Shall   exempt  district   from   reapportion- 
ment of  funds 1621  165 

Shall  exempt  district  from  loss  of  apportionment.  1859  187 

FUND,  COUNTY  SCHOOL-Appportioned  by  Su- 
perintendent quarterly 1543  148 

Of  lapsed  district,  how  disposed  of 1543  148 

When  warrant  may  be  drawn  upon 1543  149 

When  Superintendent  may  draw  on  for  repairs,  etc.  1546  152 

Superintendent  may  draw  on  for  binding 1548  152 

Superintendent  may  draw  on  for  i)ostage 1548  152 

Superintendent  may  draw  on  for  incidental   ex- 
penses   1548  152 

Superintendent  may  draw  on  for  Institute  expenses. 1564-5  154 

How  used 1621-2  165 

May  be  used  to  pay  compensation  of  Census  Mar- 
shal    1639  16S 

May  be  used  to  pay  for  stamp  for  library 1712  175 

Five  to  ten  per  cent,  of  allowed  for  libraries 1713  175 

How  raised 1817-18  183 

Must  be  paid  in  County  Treasury 1820  184 

How  apportioned 1858  18(5 

FUND,  LI  UK  A  RY— Money  received  from  insurance 

on  library  to  be  paid  into 1617  164 

Must  be  expended  for  what 1712  174 

( »r  what  it  consists  in  districts 1713  175 

or  what  it  consists  in  cities 1714  175 


TM>KX    TO    SCHOor,    I, AW.  129 

Sec.  Page 
FUND,  STATE— Must  be  apportioned  to  counties  by 

Superintendent  of  Public  Instruction 1532  14:7 

Abstract  of  apportionment,  to  whom  furnished. . .   1532  147 
Must  be  apportioned  to  districts  by  County  Super- 
intendents   1543  148 

Must  be  used  exclusively  to  pay  teachers'  salaries  1G22  IGG 
How  apportioned  to  counties  by  Superintendent 

of  Public  Instruction 1«58  ISO 

How  apportioned  to  counties  by  Superintendents.  1858  180 

State  Controller  must  keep  separate  account  of. . .     435  PC 
FUND,     TEACHERS'     INSTITUTE  -  From    what 

moneys  formed 1565  155 

Moneys  how  drawn  out 1565  155 

For  what  purposes  used 1565  155 

FURNITURE— To  be  purchased  by  Trustees 1G17  16*2 

GRADING — Of  schools,  when  and  by  whom  made   .  1543  152 

Record  to  be  kept  by  Superintendent 1543  152 

Into  what  grades  must  be  divided 1663  169 

Of  pupils,  to  be  left  in  State  Register  by  teachers.  1696  172 

GRADUATION— From  grammar  grades 1663  169 

Diplomas  to  be  provided  for 1663  169 

Graduates  of  high  schools  admitted  to  the  Univer- 
sity    1670  195 

HIGH   SCHOOLS  — May  be  established   and  main- 
tained    1669  195 

How  established  and  conducted 1670  195 

County,  how  established  and  maintained 1671  202 

HOLIDAYS— Which  davs  are 10  211 

INCORPORATED  CITY  OR  TOWN— Forms  separ- 
ate school  district 1576  155 

Outside  territory  may  be  annexed  to 1576  155 

Provisions  relating  to  outside  territory 1576  155 

INSTITUTES- Superintendent  must  preside  at 1543  150 

Superintendent  raustsecure  competentlecturersfor  1543  150 

Superintendent  must  report  teachers  absent  from.   1543  150 

When  must  be  held  and  how  often 1560  154 

Teachers  required  to  attend 1560  151 

Cities  may  have  separate,  when 1560  154 

Must  be  held  how  often  in  cities 1560  154 

Length  of  session  in  cities 1560  154 

Teachers  attending  city  are  not  required   to   at- 
tend county 1560  154 

Expenses  of  city,  limit  of,  and  how  paid 1560  154 

When  Superintendent  may  hold,  and  when  must 

hold 1561  154 

Length  of  session  of  county 1562  154 

When  pay  of  teachers  shall  not  be  decreased 1563  154 

Superintendent  must  keep  account  of  expenses  of  1564  154 


130  INDEX   TO    SCHOOL    LAW. 

Sec.  Page 

INSTITUTES— Continued. 
Superintendent  must  draw  requisition  for  expenses 

of 1564  154 

Auditor  must  draw  warrant  for  expenses  of 1564  154 

From  what  fund  expenses  are  payable 1564  154 

Limit  of  expenses  for  county 1564  154 

Amount  of  fees  for  certificates  paid  into  fund  for..   1565  155 

What  instructors  raav  receive  pay  at 1565  155 

INSTRUCTION— Branches  in  which,  must  be  given.  1665  170 

When  pupils  may  be  confined  to  certain 1665  170 

In  morals  and  manners  must  be  given 1667  170 

In  nature  of  alcholics  and  narcotics  must  be  given  1667  170 

In  physical  exercises  must  be  given 1668  170 

INSURANCE— Trustees  may  insure  school  property.  1617  162 

Monev  raised  by,  how  disposed  of. 1617  164 

JANITORS— When  Superintendent  must  appoint...  1543  151 

How  appointee  shall  be  paid 1543  151 

Trustees  must  employ 1617  162 

JOURNAL,  OFFICIAL— By  whom  designated 1521  146 

To  whom  to  be  furnished 1521  146 

Clerk  of  Trustees  to  place  in  library. . .  • 1521  146 

How  paid  for lo21  146 

Publishers  must  file  affidavit  monthly 1521  146 

Clerk  must  place  in  library  each  month 1650  168 

Clerk  must  notify  publisher  of  failure  to  receive. .  1650  168 

KINDERGARTEN    CLASSES  — Children   of   four  j    1617  162 

years  raav  be  admitted \    1662  169 

LAP.^^ED  DISTRICT— When  district  lapses 1543  148 

Duty  of  Superintendent  relative  to 1543  148 

Duty  of  Supervisors  relative  to 1543  148 

Territory  of,  how  disposed  of 1543  148 

Property  of,  how  disposed  of 1543  14'.» 

Superintendent  must  determine  indebtedness  of  . .  1543  149 

Debts  of,  how  paid 1543  149 

LAWS,  SCHOOL— To  be  printed  by  direction  of  Su- 
perintendent of  Public  Instruction 1532  147 

To  whom  to  be  supplied. 1532  147 

To  be  (distributed  by  Superintendents 1543  151 

LIBRARIANS.  DISTRICT— Trustees  must  appoint .  1617  163 

LIBRARIES,  SCHOOL   DISTRICT— To  be  supplied 

with  School  Law 1532  147 

Trustees  must  enforce  rules  for 1617  163 

Certain  books  must  be  excluded  from 1617  163 

Books  for  indigent  children  to  be  kept  in I(il7  163 

Orders  f(jr  books  to  be  approved  by  Superintendent  1712  174 

Are  under  control  of 1715  176 

Must  be  kept  in  school-room 1715  176 

Who  entitled  to  benefit  of 1716  176 


INDEX    TO   SCHOOL    LAW,  131 

Sec.  Page 
LIBRARIES,  SCHOOL  DISTKICT— Continued. 

Trustees  accountable  for  care  of 1717  176 

Powers  of  Trustees  relative  to 1717  17r, 

Rules  of  State  Board  relating  to 230 

MANAGEMENT    OP    SCHOOLS-State    Board    to 

adopt  rules  for            1521  144 

Rules  and  regulations  for 230 

MEETINGS— Of  State  Board  of  Education 1520  144 

Of  Convention  of  Superintendents 1533  148 

Of  Teachers'  Institutes 1560  154 

Trustees    must    transact    business  at  regular  or 

special 1617  161 

Of  electors,  Trustees  must  call,  when 1617  164 

Trustees  must  hold  to  elect  clerk 1649  168 

Of  County  Board  of  Education 1770  177 

Of  Citv  Board  of  Examination 1790  182 

MISDEMEANOR— Neglect  of  Census  Marshal  to  re- 
port is 1640  168 

Improper  attempt  to  influence  the  action  of  any 

member  of  Board  of  Education  is 1879  191 

Insulting  or  abusing  teacher  in  presence  of  pupils 

is 1867  188 

Disturbing  public  school  is 1868  188 

Illegally  issuing  certificate  is 1869  1^8 

Illegally  acting  as  agent,  etc.,  is 1870  188 

How  punishable 19  217 

What  constitutes 176  217 

Same 177  217 

Same 808  217 

Same 654  217 

MONEYS,    SCHOOL— May    be    transferred    from 

County  to  City  Treasuries 1543  149 

Of  State  and  County  apportionments,  how  used. . .  1621  165 

Restriction  on  those  received  from  State -j    ,^^y  jq^ 

Those  of  county,  how  used 1622  166 

Amount  of  county  used  for  libraries 1713  175 

Must  be  paid  to  County  Treasurer 1857  186 

State,  how  apportioned  by  Superintendent  of  Pub- 
lic Instruction 1858  1S6 

State  and  county,  how  apportioned  by  Superinten- 
dents   .- 1858  186 

Provision  for  deficit  in 1858  187 

"What  districts  entitled  to  apportionment 1859  187 

"What  districts  not  entitled  to  apportionment 1S59  187 

Same 1860  188 

Mode  of  disposal  of,  remaining  in  Building  Fund. .  224 

MONTH,  SCHOOL— What  constitutes 1097  173 


132  INDEX    TO    SCHOOL   LAW. 

Sec.  Page 

MORALS   AND  MANNERS— Instruction    must    be 

given  in 1667  170 

NARCOTICS— Instruction  must  be  given  in  nature  of  1667  170 
Penalty  for  furnishing  to  persons  under  sixteen 

years  of  asre 308  217 

NORMAL  SCHOOLS— Superintendent  of  Public  In- 
struction to  report  condition  of 1532  146 

Constitution  of  Boards  of  Trustees  of 354  206 

Objects  of 1487  20G 

Are  under  what  management 1488  206 

Powers  and  duties  of  Boards  of  Trustees  of.   1489  20G 

Regular  and  special  meetings  of 1490  208 

Time  and  place  of  meetings  of  Boards  of  Trustees  of  1491  208 

Notice  of  special  meetings  must  be  given 1491  208 

Joint  meetings  of,  when  and  where  held 1492  208 

Duties  of  joint  Board 1492  208 

Who  may  be  admitted  to 1494  20S 

Wlio  may  be  admitted  at  large 1495  208 

Residents  of  other  States  may  be  admitted 1496  208 

Duty  of  applicants  for  admission 1497  208 

Principals  of  must  report 1501  208 

Principals  of  must  attend  Institutes 1502  209 

Boards  may  issue  diplomas  of  graduation 1503  209 

Diploma  of  entitles  holder  to  certificate 1503  209 

VViien  diploma  becomes  a  permanent  certificate. .  1503  209 

When  diploma  exempts  holder  from  filing  certifi'te  1503  209 

When  diploma  entitles  to  high  school  certificate..   1503  209 

Joint  Board  can  appoint  Secretary 1504  210 

Salary  of  Secretary 1504  210 

Superintendent  of  Public  Instruction  must  visit. . .  1505  210 

Moneys  for,  how  drawn 1507  210 

OATHS— Judges  of  election  may  administer 1600  lOO 

Of  electors,  form  of 1600  100 

Of  office,  Census  Marshal  must  file 1634  166 

Census  Marshals  may  administer 1636  167 

Of  office,  members  of  County  Boards  must  file 1768  177 

Who  may  administer 1873  188 

Of  office,  when  mu«t  be  filed 907  213 

OFFICE— Vacancies  in,  of  Trustees,  how  filled 1543  151 

Term  of,  of  Trustees 1613  Idl 

Vacancies  in.  of  Trustees,  how  caused 1()14  161 

Who  eligible  to 58  212 

Duration  of  term  of 878  212 

Oath  of,  form  of. 904  212 

Oath  of,  wlien  must  be  taken 907  213 

Oath  of.  before  whom  taken !»0K  213 

Vacancies  in.  how  caused 9i>()  213 

Process  for  of)taining  books  of 1015  214 

Women  entitled  to  hold  educational 219 


INDEX   TO  SCHOOL   LAW.  133 

Sec.  Page 
OFFICER,  SCHOOL— Must  be  supplied  with  School 

Law 1532  147 

Must  be  an  elector 58  212 

Must  continue  to  discharge  duty,  how  long 87ti  212 

Must  not  be  interested  in  certain  contracts 920  213 

Must  not  be  interested  in  certain  sales  or  purchases    921  213 

Every  public,  is  entitled  to  books  of  office 1014  214 

Relating  to  the  removal  of 772  217 

Act  relative  to  removal  of 222 

ORGANS— May  be  purchased 1617  162 

PENALTIES— For  failure  of  Supt.  to  visit  schools. .  1543  150 

For  failure  of  Supt.  to  report  to  Supt.  of  Pub.  Ins.  1.544  152 

For  failure  of  Trustees  to  appoint  Census  Marshal  1624  166 

For  failure  of  Census  Marshal  to  report 1640  168 

For  violation  of  law  relating  to  sectarianism,  etc.  1672  170 
For  continuing  session  of  school  more  than  six 

hours,  etc 1673  171 

For  disobedience,  etc.,  of  pupils 1685  171 

For  defacing  school  property,  etc 1686  171 

For  member  of  Board  ot  Education  preparing  par- 
ties for  examination 1776  181 

For  applicant  who  receives  special  instruction  from 

members  of  Board  of  Education 1776  181 

n      •       ,*•             u     •      *       u                                  j>1867  isS 

For  msultmg  or  abusing  teachers j     q-^  ^IT 

For  disturbing  public  school 1868  IbS 

For  issuing  certificate  unlawfully 1869  IBS 

For  illegally  acting  as  agent  for  author,  etc 1>^70  188 

For  neglect  or  refusal  to  use  adopted  text-books. .  1875  190 

li'or  being  interested  in  certain  contracts 1876  190 

For  offering  bribes,  etc 1879  191 

For  failure  of  officer  to  perform  duties 176,  772  217 

For  failure  to  comply  with  provisions  of  compul- 
sory educational  Act 3  220 

PHYSICAL  EXERCISES— Attention  must  be  given  to  166S  170 

PI ANOS— Trustees  may  purchase 1617  162 

PL  ANS— For  school-houses  to  be  approved  by  Sup'ts  ]  543  149 

POLL  LIST— Must  be  kept 1601  160 

Form  of 1174  214 

POSTAGE— Amount  of,  allowed  to  County  Sup'ts...  1548  152 

Limit  of,  for  first  six  months 1548  152 

PRINTING— State  Board  may  have  needed  done.  . .   1521  145 
Superintendent  of  Public  Instruction  must  have 

certain  done 1532  147 

County  Superintendents  may  have  certain  done.. .  1551  153 

County  Bds.  of  Education  may  have  certain  done.  1770  178 

PROCEEDINGS— State  Board  must  keep  record  of  its  1521  145 

County  Sup'ts  must  keep  record  of  their  own 1543  151 


134  INDEX   TO    SCHOOL    LAW, 

Sec.  Page 
PROCEEDINGS— Continued. 
Countj'  Superint'ents  must  keep  record  of  County 

Boards  of  Education 1543  151 

Clerk  of  Board  of  Trustees  must  keep  record  of.. .  1650  168 

Of  City  Boards  of  Examination,  where  kept 1790  182 

PROFESSION  OF  TEACHING— Wlien  Superintend- 
ents may  not  engage  in 1553  154 

When  Superintendents  may  follow 1553  154 

PROMOTIONS— How,  by  whom,  and  when  made...   1663  169 

PUPILS— Number  of  in  cities  equal  to  one  district..  1552  153 

May  be  suspended  or  expelled 1617  162 

Under  six  years  ma.y  be  excluded 1617  162 

When  of  four  years  "may  be  admitted    1617  162 

Indigent  to  be  furnished  with  books 1617  163 

Begister  of  those  applying  for  admission  must  be 

kept 1617  163 

m    1        1    •..  ^  •         -.        *        •  *                            S    1617  163 

To  be  admitted  m  order  of  registry -j    -i^g^g  -^^j-^ 

Parents  to  be  notified  of  vacancy 1617  163 

May  be  permitted  to  attend  in  other  districts 1617  163 

Parents  may  appeal  from  decision  of  Trustees 1617  163 

Must  comply  with  rules  and  regulations 1684  171 

(jood  cause  for  suspension  or  expulsion  of 1685-6  171 

Beginning,  by  whom  must  be  taught 1687  171 

Rules  of  State  Board  for 234 

QUORUM— Of  County  Board,  what  constitutes 1768  177 

RECESS  -Relative  to 1696  172 

Same 2  230 

RECITATIONS— Programme  of  to  be  recorded  in 

State  Register 1696  172 

REGISTER— Of  requisitions  to  be  kept  by  Super'ts.  1543  150 

Of  requisitions  must  contain  what 1543  150 

Of  pupils  applying  for  admission  to  schools,  must 

be  kept  open  to  the  public 1617  163 

State  school,  must  be  kept  by  teachers 1696  172 

What  must  be  recorded  in 1696  172 

REPORTS  — Superintendent  of    Public   Instruction 

must  make  to  Governor 1532  146 

What  report  must  contain 1532  146 

Superintendent  of  Public  Instruction  must  make 

to  Controller 1532  147 

County  Superintendents  must  make  to  Superinten- 
dent of  Public  Instruction 1543  151 

County  Superintendents  must  preserve  all 1543  151 

Penalty  for  failure  of  County  Superintendents  to 

make 1544  152 

Of   census,  when  County  Superintendents  must 

make 1551  153 


INDKX   T©   SCHOOL    LAW.  135 

Sec.  Pago 
RKP<  )KTS— Continued. 
When  Trustees  must  make  to  County  Superinten- 
dent   1617  163 

When  Census  Marshal  must  make  to  County  Su- 
perintendent   1634  166 

Penalty  for  failure  of  Census  Marshal  to  make. . .  1640  168 
When  teachers  must  make  to  County  Superinten- 
dent   1696  173 

Teachers  to  nialve  certain  other 1696  173 

Trustees  must  make  relative  to  library 1717  176 

REQUISITIONS— To  be  drawn  by  County  Superin- 
tendents  1543  140 

Must  be  drawn  in  what  order 1543  149 

Must  specify  what 1543  149 

When  may  not  be  drawn 1543  149 

For  teachers' salaries,  must  specify  what 1543  149 

Auditor  must  draw  warrant  on  receipt  of 1543  149 

Register  of,  must  be  open  to  public  inspection 1543  150 

Register  of,  must  contain  what 1543  150 

When  may  be  drawn  by  Superintendent 1545  152 

RESIDENCE— Relative  to.  and  ru'es  for  determining      52  212 
RULES    AND    REGULATIONS  — State   Board   has 

power  to  adopt 1521  144 

Boards  of  Trustees  and  Education  may  adopt 1617  161 

Pupils  must  comply  with 1684  171 

County  Boards  of  Education  may  adopt  for  their 

own  government 1771  178 

County  Boards  of  Education  may  adopt  for  exam- 
inations   1771  178 

City  Boards  may  adopt 1791  1^2 

Those  adopted  by  the  State  Board 230 

SCHOOL  HOUSES— Plans  for  must  be  passed  upon 

by  County  Superintendent 1543  151 

Relative  to  location  or  change  of  location  of 1617  164 

Relative  to  use  of 1617  164 

District  Clerk  must  keep  in  repair,  when 1651  169 

SCHOOL  LAWS— To  be  published  by  State  Super- 
intendent.   1532  147 

Must  contain  what 1532  147 

Must  be  supplied  to  whom 1532  147 

SCHOOL  SITES— Relative  to  purchase  or  sale  of. . .  1617  164 

Money  raised  by  sale  of,  how  disposed  of 1617  164 

SCHOOLS,  PUBLIC-Siate  Saoerintendentmnst  su- 
perintend   1532  146 

State   Superintendent  must  report   condition   of, 

when 1532  146 

State  Superintendent  must  visit  and  inquire  into 

condition  of 1532  147 


136  INDEX    TO    SCHOOL    LAW. 

Sec.  Page 

SCHOOLS,  PUBLIC -Continued. 

When  County  Superintendent  may  open  and  keep.  1545  152 

Must  be  maintained  equal  length  of  time 1619  165 

Must  be  maintained  with  equal  rights,  etc 1619  165 

When  school  is  maintained  in  different  parts  of  dis- 
trict    1619  165 

Must  be  open  for  admission  for  whom 1662  169 

Adults  may  be  admitted  to 1662  169 

Trustees  can  exclude  certain  children  from 1662  169 

Trustees  may  establish  for  Chinese,  etc 1662  169 

When  children  of  four  years  may  be  admitted 1662  169 

Into  what  grades  may  be  divided 1663  109 

Must  be  taught  in  the  English  language 1664  170 

Branches  that  must  be  taught  in 1665  170 

Other  studies  may  be  authorized  in 1666  170 

Morals  and  manners  must  be  taught  in 1667  170 

Attention  must  be  given  to  physical  exercises  in. .  1668  170 

Sectarian  publications  must  be  excluded  from  . . .  1672  170 

Length  of  session  in 1673  171 

Pupils  must  be  admitted  to  in  what  order 16S3  171 

Pupils  must  submit  to  rules  of 1684  171 

Good  cause  for  expulsion  from 1685  171 

Good  cause  for  suspension  or  expulsion  from 1686  171 

Beginners  in,  must  be  taught  by  whom 1687  171 

Duties  of  teachers  in 1696  172 

Daily  sessions  in 2  230 

Recesses  in 2  230 

Length  of  session  in 3  230 

Rules  and  regulations  for,  of  the  State  Board 230 

SEAL— The  State  Board  to  adopt  and  use 1521  144 

The  State  Superintendent  to  adopt  and  use 1532  147 

County  Boards  of  Education  to  adopt  and  use 1771  179 

SECTAIUaN  DOCTRINES.    See  Doctrines. 

SESSION-Of  school,  length  of 1673  171 

Penalty  for  violation  of  rule  of. 1673  171 

STUDIES— Certain,  required  to  be  taught 1665  170 

In  districts  having  one  hundred  census  children  or 

less 1665  170 

Other  may  be  authorized  1666  170 

SUPERINTENDENT,  CITY-Must  attend  Conven- 
tion of  Suj)eriiitendents 1538  148 

Actual  expenses  of,  to  be  paid 1533  148 

May  issue  temporary  certificates 1543  150 

Must  keep  in  his  office  rejjorts  of  State  Superin'nt  1543  151 

Mustreport  to  State  Superintendent  when  required  1543  151 

Must  report  census  cliihlren 1551  153 

May  not  engage;  in  teaching,  when 1553  154 

May  hold  Teachers'  Institute,  when 1560  154 


IXDEX   TO   SCHOOL   LAW.  137 

Sec.  Page 
SUPERINTENDENT,  CITY— Continued. 

Must  collect  fee  for  certificates 1565  155 

Appointment  of  Census  Marshal  to  be  approved  by  1617  103 

Is  a  member  of  City  Board  of  Examination '.   1788  181 

Is  Chairman  of  City  Board  of  Examination 1789  1^2 

Holds  oflBce  for  four  years 1793  183 

SUPERINTENDENT,  COUNTY-Must  furnish  jour- 
nal to  Clerk  of  Trustees 1521  146 

Must  draw  warrant  for  journal  semi-annually 1521  146 

Must  charge  cost  of  journal  to  Library  Fund 1521  146 

Abstract  of  apportionment  of  State  Fund  to  be  fur- 
nished to 1532  147 

Must  be  furnished  with  necessary  books 1532  147 

Must  be  furnished  with  School  Law 1532  147 

Must  attend  Convention  of  Superintendents 1532  147 

Duties  of 1543  148 

To  superintend  schools  of  his  county 1548  148 

To  apportion  money  to  districts  quarterly 1543  148 

May  require  report  from  Auditor 1543  148 

Shall  apportion  accumulated  moneys 1543  149 

When  shall  suspend  district 1543  149 

Must  report  suspension  to  Supervisors 1543  149 

Shall  pay  debts  of  district 1543  149 

Must  apportion  money  of  lapsed  district 1543  149 

To  draw  requisitions  on  orders  of  Trustees,  etc.   1543  149 

Must  draw  requisitions,  in  what  order 1543  149 

"When  must  not  draw  requisition  for  bills 1543  149 

When  must  not  draw  requisition  for  salaries 1543  149 

To  keep  open  to  public  register  of  requisitions.  1543  150 

To  visit  every  school  once  a  year 1543  150 

To  preside  over  Teachers'  Institutes 1543  150 

To  secure  lecturers  at  Institutes 1543  150 

To  report  teachers  absent  from  Institutes 1543  150 

To  enforce  the  course  of  study 1543  150 

To  enforce  the  use  of  text-books 1543  150 

To  enforce  rules  for  examination  of  teachers. . .  1543  150 

To  issue  temporary  certificates  .. .    1543  150 

To  distribute  all  laws,  reports,  etc 1543  151 

To  keep  in  his  office  reports  of  State  Superin'nt  1543  151 

To  keep  a  record  of  his  official  acts 1543  151 

To  keep  a  record  of  proceedings  of  County  Board  1543  151 

To  pass  upon  plans  for  school-houses 1543  151 

To  appoint  Trustees  to  fill  vacancies 1543  151 

To  appoint  Trustees  in  new  districts 1543  151 

To  appoint  janitors  in  certain  cases 1543  151 

To  make  reports  to  State  Super't  when  required  1543  151 

To  preserve  reports  of  school  officers,  etc 1543  151 

To  deliver  books,  papers,  etc.,  to  successor. . . .  1543  152 


138  INDEX    TO    SCHOOL    LAW. 

Sec.  Page 
SUPERINTENDENT,  COUNTY— Continued. 

To  grade  schools  of  his  county,  when 1543  152 

To  keep  record  of  grading  in  his  office 1543  152 

Penalty  for  failure  to  report  to  State  Super 'nt 1544:  152 

Penalty,  how  enforced 1544  152 

Must  maintain  school  for  six  months,  when 1545  152 

Must  appoint  teachers,  when 1545  152 

May  draw  warrants  to  pay  expenses  in  such  cases  1545  152 

May  require  Trustees  to  repair  buildings,  when.. .  1546  152 

May  require  Trustees  to  provide  outhouses 1546  152 

May  require  Trustees  to  adorn  school  premises. . .  1546  152 

May  order  repairs,  etc.,  himself,  when 1546  152 

May  draw  requisition  to  pay  for  repairs,  etc 1546  152 

May  draw  requisition  for  binding  school  docum'ts.  1548  152 

May  draw  requisition  for  postage,  etc 1548  152 

Amount  of  allowance  that  can  be  used 1548  152 

May  appoint  a  deputy 1549  153 

Deputy  Super'nt.  how  paid  in  certain  counties... .  1550  153 

Mu.st  make  annual  report  to  State  Superintendent  1551  153 

Must  keep  record  of  district  boundaries 1551  153 

Must  inquire  into  school  boundaries 1551  153 

Must  report  to  Supervisors  relative  to  boundaries  1551  153 

May  order  description  of  boundaries  printed 1551  153 

Shall  be  entitled  to  traveling  expenses' 1552  153 

When  may  not  engage  in  teaching 1553  154 

When  may  entrage  in  teaching 1553  154 

When  must  hold  Institute 1560  154 

When  may  hold  Institute,  and  when  must 1561  154 

Must  keep  account  of  expenses  of  Institute 1564  154 

Must  draw  warrant  on  Auditor  for  expenses 1564  154 

Must  collect  fee  for  certificates 1565  155 

Must  deposit  fees  for  certificates  in  Co.  Treasury..  1565  155 

Must  draw  warrant  to  pay  Institute  instructor 1565  155 

Shall  take  charge  of  teachers' library 1565  155 

Must  transmit  petition   for   new   district,  or  for 

change  of  district,  to  Board  of  Supervisors 1578  158 

Must  apportion  money  how,  when  district  lies  in 

different  counties 1583  158 

Decision  of,  final,  upon  appeal  of  parents,  when. .  1617  103 
Must    reapportion   balance    after    eight  months' 

school,  when 1621  165 

When  may  order  census  to  be  retaken 1636  167 

When  must  withhold  county  apportionment 1672  170 

May  determine  appeals  of  teachers 16i»8  173 

Must  not  draw  warrant  for  teacliers,  when 1700  174 

Must  also  refuse  warrant,  when 1701  174 

Must  i)rocure  stamp  for  school  libraries 1712  174 

When  must  not  draw  reciuisition  on  Library  Fund.   1712  174 


INDEX    TO    SCHOOL    LAW.  139 

Sec.  Page 
SUPERINTENDENT,  COUNTY— Continued. 

Is  a  member  of  County  Board  of  Education 1768  170 

Wlien  may  appoint  members  of  County  Board  of 

Education. 1768  176 

Members  of  Board  appointed  by  Supt.,  hold  how 

long 1768  176 

Is  ex-officio  Secretary  of  Co.  Board  of  Education.   1769  177 
Must  keep  in  his  office  record  of  proceedings  of 

County  Board 1770  177 

Must  furnish  Supervisors  and  Auditor  with  amount 

of  school  fund  needed 1817  183 

Must  estimate  minimum  fund,  how 1S17  183 

Must  apportion  school  moneys,  how 18o8  186 

•  Illegally  issuing  certificate  is  guilty  of  misdemeanor  1^69  18S 

When  may  not  act  as  agent 1870  18.*^ 

May  administer  oaths 1873  188 

Must  apportion   money  withheld  on   account   of 

failure  to  use  text-books  recommended 187.5  luO 

Must  not  be  interested  in  contracts,  when. . .    920  21:! 

SUPT.  OF  PUBLIC  INSTRUCTION-Duties  of 1532  146 

SUPERVISORS,  BOARD  OF— Must  allow  traveling 

expenses  to  Superintendents 1533  148 

Must  deduct  from  salary  of  County  Superintendent, 

when ' 1543  150 

Must  deduct  from  salary  of  County  Superintendent 

on  failure  to  report 1544  152 

Must  allow  traveling  expenses  to  County  Superin- 
tendent  '. 1552  153 

May  annex  territory  to  incorporated  towns 1576  155 

Must  act  upon  petition  for  change  of  districts 1579  158 

Must  appoint  County  Board  of  Education, 1768  176 

May  fill  vacancies  in  County  Board   of  Education 

at  any  time 1768  176 

Must  allow  salary  to  members  of  County  Board  of 

Education 1770  177 

County   Superintendent    to    report  to,    minimum 

amount  of  county  tax  required 1817  183 

To  levy  tax  at  time  of  levying  other  taxes 1818  184 

When  Auditor  must  levy 1819  184 

Must  levy  district  tax,  when ..    .       1837  1>^5 

SUPPLIES— Certain,  must  be  furnished 1620  165 

Charges  for.  how  paid 1620  163 

District  Clerk  must  provide 1651  169 

SUSPENSION  OF  PUPILS— Good  cause  for 1686  171 

Teachers  may  resort  to 1696  172 

Teachers  must  report  cases  of 1696  172 

Teachers  may  appeal  to  Superintendent  in  cases  of  1(>96  172 


140  INDEX   TO    SCHOOL   LAW, 


Sec. 

TALLY  LIST-Must  be  kept 1601  160 

Form  of 1174  214 

Cannot  be  set  aside  for  want  of  form 1175  216 

TAX  COLLECTOR— Must  not  cliarge  or  receive  any 

fee  in  connection  witli  scliool  moneys 1857  186 

May  receive  fee  tor  collecting  poll  tax 1857  18(> 

TAX,  COUNTY  SCHOOL-How  estimated 1817  183 

How  levied 1818  184 

When  Auditor  must  levy. 181i)  1^4 

Proceeds  of,  to  be  paid  into  County  Treasury 1820  18 1 

TAX,  DISTRICT  SCHOOL— Trustees  may  call  elec- 
tion to  determine  whether  tax  shall  be  raised  . . .  1830  184 

Objects  of  raising  tax 18:50  184 

When  tax  must  be  returned  to  parties  paying 1830  184 

Election,  how  called 1831  185 

What  notices  must  specify. 1832  185 

Trustees  to  appoint  Judges  of  Election ls33  185 

No  particular  form  of  ballot  required 1853  185 

Wiiat  ballots  must  contain 1834  185 

If  majority  vote  "  Tax— Yes,"  the  officers  of  elec- 
tion certify  to  Trustees 1835  185 

Trustees  report  to  Supervisors 1836  185 

Supervisors  must  levy  the  tax 1837  185 

Rate  of  tax,  how  ascertained 1837  185 

How  computed  and  collected  1837  185 

To  whom  paid 1837  185 

Maximum  rate  of,  not  to  exceed  70  cents 1839  186 

Act  to  ])rovide  for 22(5 

TEACHERS-To  be  supplied  with  blank  forms,  etc.   1582  147 

Must  hold  what  grade  of  certificate 1543  152 

When  County  Superintendent  may  appoint 1545  152 

Notice  of  employment  of,  to  be  sent  to  County  Su- 
perintendent  1617  102 

Trustees  liable,  in  name  of  district,  for  salary  of. .  1623  16(5 

Pupils  nuist  submit  to  authority  of 1684  171 

Beginners  to  be  taught  by  experienced 1687  171 

General  duties  of 1696  172 

To  file  certificate  with  County  Superintendent. .  1696  172 
To  notify  County  Superintendent  of  opening  and 

closing  of  school 1696  172 

When  notice  of  closing  to  be  given 16'.)6  172 

,        To  enforce  course  of  study  and  text-books 16!)6  172 

To  hold  pupils  to  accountability,  etc 169(5  172 

To  suspend  pupils  and  report  suspension 1696  172 

May  ai)peal  to  County  Superintendent,  when. . .  1696  172 

To  keep  sciioul  register 1696  172 

To  make  annual  report  to  Connty  Superintendent  1696  173 

To  make  report  at  dose  of  term 1696  173 


INDKX     TO    SCHOOL    I, AW.  Ill 

Sec.  Page 
TEACHERS— Continued. 

To  include  what  in  animal  report lOtit)  173 

To  other  reports  required 1600  173 

May  appeal  to  Superintendent  in  case  of  dismissal  1098  173 
May  appeal  to  State  Superintendent  when  salary 

is  withheld 1699  173 

When  warrant  for  salary  shall  be  drawn 1700-1  174 

Must  teach  morality,  patiiotism,  etc 1702  174 

Under  eighteen  years  of  age  not  elis:iV)le  to  teach.   1704  174 

Act  to  prevent  discrimination  against  female 223 

Instructions  of  State  Board  to 234 

Wlien  to  be  present  at  school-room 1  230 

Must  observe  time  for  opening  and  closing  school.         1  230 
TEXT-BOOKS— County  Superintendent  must  enforce 

use  of 1543  150 

Of  State  series  to  be  purchased 1617  102 

Trustees  and  Boards  of  Education  must  enforce 

use  of. 1617  102 

Teachers  must  enforce  use  of 1 690  172 

Vote  necessary  to  adopt 1768  170 

Duty  of  County  Board  of  Education  to  prescribe 

and  enforce  use  of  a  uniform  series  of 1771  178 

Rules  governing  the  adoption  of 1^74  189 

When  adopted  must  continue  four  years 1874  189 

No  change  can  be  made  except  in  May  or  June.  1874  189 

Sixty  days'  notice  of  change  must  be  given 1874  1>>9 

Notice,  bow  given 1874  189 

Copy  of  newspaper  containing  notice  must  be 

sent  to  State  Superintendent 1874  189 

Notice  must  contain  what 1874  189 

Notice  to  be  published  how  often 1874  189 

Bids,  how  disposed  of 1874  189 

Bids  must  be  accompanied  by  samples 1874  190 

If  bids  not  satisfactory,  books  formerly  adopted 

continue 1874  190 

Publisher  whose  bid  is  accepted  must  give  bond.   l'^74  190 

Publisher  whose  books  are  in  use  may  bid 1874  190 

TOBACCO — Relative   to  sale   of,  to  persons  under 

sixteen 308  217 

TRAVELING  EXPENSES— Of  members   of  State 

Board,  how  paid 1522  140 

Of  State  Superintendent,  allowance  for 1532  147. 

Of  State  Superintendent,  how  paid 1532  147 

County  Superintendent  shall  receive 1552  153 

Amount  that  can  be  allowed  for 1552  153 

TREASURER,  COUNTY— To  be  furnished  abstract 

of  State  apportionment 1532  147 

Must  not  charge  or  receive  any  fee  in  connection 

with  school  moneys 1857  180 


142  INDEX   TO    SCHOOL    LAW. 

Sec.  rage 
TRUSTEES— County  Superiuteiideat  must  appoint 

to  fill  vacancies 1543  151 

County  Superintendent  must  appoint,  for  new  dis- 
tricts    1543  151 

How  long  appointees  hold  office 1543  151 

May  be  required  by  Superintendent  to  repair  school 

buildings 1546  152 

May  be  required  by  Superintendent  to  abate  nui- 
sances    1546  152 

May  be  required   by  Superintendent  to   provide 

outhouses 1546  152 

May  be  required  to  adorn  grounds 1546  152 

May  sue  and  be  sued  in  name  of  district 1575  155 

Of  city  or  town,  have  control  of  property  annexed  1576  155 

Of  joint  districts,  report  how    15S3  15S 

Election  for,  when  held,  and  ^^^here 15l>3  159 

Number  of,  for  a  district 1593  151) 

Women  eligible  to  office  of 1593  159 

For  what  time  elected  in  new  districts 1593  159 

How  many  elected  each  year 1593  159 

Must  post  notices  of  election,  when 1595  159 

When  Trustees  fail  to  post  notices,  three  electors 

may  d  o  so 1595  159 

Must  appoint  Inspectors,  Judges,  and  Clerks 1596  159 

Who  may  vote  at  election  for 159S  KJO 

Voting  for,  must  be  by  ballot 1599  1(50 

Party  attempting  to  vote  may  be  challenged IGUO  160 

Poll  and  tally  lists  must  be  kept 1601  160 

Officers  must  canvass  vote  for 1602  160 

Have  control  of  the  district 1611  161 

Term  of  office  of 1613  161 

Vacancy  in  office  of,  how  created 1614  l6l 

Resignation  of,  must  be  in  writing 1614  161 

Resignation  of,  must  be  sent  to  Superintendent 1614  iHl 

Of  old  districts  hold  over  in  new,  wlien 1615  161 

General  powers  and  duties  of Ifil7  101 

To  adopt  and  enforce  rules 1617  161 

To  transact  l)usiness  at  meetings 1617  161 

To  manage  and  control  school  property 1617  162 

To  purchase  text-books,  etc 1617  162 

To  rent,  repair,  insure,  etc I(il7  162 

To  build,  purchase,  and  sell,  when 1617  162 

To  make  conveyances,  etc 16 1 7  162 

To  employ  teachers,  janitors,  etc 1617  l(i2 

To  suspend  or  expel  pupils 1617  162 

To  exclude  certain  children 1617  162 

To  adopt  kindergarten  work 1617  l(i2 

To  enforce  course  of  study 1617  162 


INDEX    TO   SCHOOL    LAW.  148 

Sec.  Page 
TRUSTEES— CoKTiNUED. 

To  enforce  use  of  textbooks 1617  162 

To  appoint  District  Librarians 1617  103 

To  pxclufle  sectarian  ))iiblications,  etc 1617  163 

To  furnish  books  to  certain  pupils 1017  h'>?> 

To  keep  register  of  applicants 1617  163 

To  arrange  for  attendance  of  non-residents 1617  163 

To  api)oint  Census  Marshal 1617  163 

To  report  to  County  Superintendent,  when 1617  163 

Tn  report  to  State  Superintendent,  when 1617  163 

To  visit  schools,  etc 1617  163 

To  call  district  meetings 1617  164 

Must  maintain  schools  equal  length  of  tirae 1619  165 

Must  maintain  schools  with  equal  privileges 1619  165 

Must  furnish  pupils  with  certain  supplies 1620  165 

Must  use  school  moneys,  how 1621  165 

Must  use  school  moneys,  how 1622  166 

Liable,  in  name  of  district,  for  teachers'  salaries. .  1623  166 

Liable,  in  name  of  district,  for  debts  contracted. .  1623  166 

Liable  for  failure  to  appoint  Census  Marshal 1624  KiO 

Must  elect  District  Clerk,  when 1640  168 

Must  expend  Library  Fund,  for  what 1712  174 

Must  not  draw  warrant  for  bills  not  itemized 1712  175 

Must  cause  all  books  to  be  stamped 1712  175 

Have  control  of  school  libraries 1715  176 

Shall  be  held  accountable  for  condition  of  library.  1717  176 

May  call  election  to  vote  upon  tax 1830  IS4 

Must  appoint  Judges  of  Election 1833  185 

Must  certify  result,  if  favorable,  to  Supervisors  ..  1836  185 

VACAXCIES— In  office  of  Trustee,  how  filled 1543  151 

In  County  Board  of  Education,  how  filled 1768  176 

If  Supervisors  neglect  to  fill,  Superin'nt  appoints.  1768  176 

In  office,  how  occasioned 996  213 

VACCINATION — Act  to  encourage  and  provide  for 

VENTILATION— Attention  must  be  given  to 1068  170 

VISIT  SCHOOLS— Duty  of  State  Superintendent  to 

visit  asylums 1532  147 

Duty  of  State  Superintendent  to 1532  147 

Duty  of  Countv  Superintendent,  once  a  year 1543  150 

Penalty  for  failure  to 1543  150 

VOTE— In  case  of  tie,  no  choice 1067  PC 

Who  is  entitled  to 1083  214 

Who  is  not  entitled  to 1084  214 

WARRANTS— In  favor  of  teachers,  when  shall  not 

be  drawn 1700  174 

On  Library  Fund,  what  necessary  for 1712  174 

WORDS— How  construed 15.  17    211 


SCHOOL  LAW  OF  CALIFORNIA. 


EXTRACTS    FROM    POLITICAL    CODE,    PART   III,    TITLE   III, 
CHAPTER  III. 


ARTICLE   I. 

STATE   BOARD   OF   EDUCATION. 

1517.  The  State  Board  of  Education  consists  of  the 
(loveruor,  the  Superintendent  of  Public  Instruction,  and 
the  Principals  of  the  State  Normal  Schools. 

1518.  The  Governor  is  the  President  and  the  Superin- 
tendent of  Public  Instruction  the  Secretary  of  the  Board. 

1519.  A  concurrence  of  a  majority  of  all  the  members  is 
necessary  to  the  validity  of  any  act  of  the  Board. 

1520.  The  Board  shall  meet  at  the  call  of  the  Secretary, 
and  not  less  than  twice  in  each  year. 

1521.  The  powers  and  duties  of  the  Board  are  as  follows: 
Fir.sf — To  adopt  rules  and  regulations,  not  inconsistent 

witli  the  laws  of  tliis  State,  for  its  own  government,  and 
for  tlie  government  of  the  pu1)lic  schools  and  district  school 
libraries. 

Sccoiul — To  grant  Educational  Diplomas  of  two  grades, 
valid  throughout  the  State  for  the  period  of  six  years,  as 
follows  : 

1.  High  School;  authorizing  the  holder  to  teach  in  any 
primary  or  grammar  school,  and  in  any  high  school  in 
wliich  said  liolder  is  not  required  to  teach  languages  other 
than  the  English. 

2.  (rrammar  School;  authorizing  tlie  holder  to  teach  in 
any  primary  or  grammar  scliool. 

Third — To  grant  Life  Diplomas  of  two  grades,  valid 
tliroughout  tlie  State,  as  follows: 

1.  High  School;  authorizing  the  holder  to  teach  in  any 
primary  ov  grannnar  school,  and  in  any  high  school  in 
which  said  holdcsr  is  not  re<inii-ed  to  teach  languages  other 
than  the  Knglish. 


SCHOOL    LAW.  145 

2.  Grammar  School;  authorizing  the  holder  to  teach  in 
any  primary  or  grammar  school. 

Fourth — Except  as  provided  in  section  one  thousand  five 
hundred  and  three  of  this  Code,  diplomas  may  Ije  issued  only 
to  such  persons  as  have  held  for  one  year,  and  who  still  hold, 
a  valid  city,  city  and  county,  or  county  certificate,  corre- 
sponding in  grade  to  tlie  grade  of  the  diploma  applied  for, 
and  who  shall  furnish  satisfactory  evidence  of  having  had 
a  successful  experience  in  teaching  of  at  least  five  years, 
when  applying  for  an  Educational  Diploma,  and  of  at  least 
ten  years  when  applying  for  a  Life  Diploma.  Every  ap- 
plication must  be  accompanied  to  the  State  Board  of  Edu- 
cation by  a  certified  copy  of  a  resolution  adopted  by  at 
least  a  four-fifths  vote  of  all  tlie  members  composing  a 
City  or  County  Board  of  Education,  recommending  that 
the  diploma  be  granted,  and  also  by  an  affidavit  of  the 
applicant  specifically  setting  forth  the  places  in  which  and 
the  dates  between  which  said  applicant  has  taught,  and 
that  said  applicant  has  taught  a  part  of  each  year  for  five 
or  ten  calendar  years,  respectively.  The  five  or  ten  years 
need  not  be  consecutive  years;  l:)ut  the  aggregate  expe- 
rience must  be  at  least  thirty-five  months  for  an  Educa- 
tional and  seventy  months  for  a  Life  Diploma;  and  in 
either  case  the  applicant  must  have  had  twenty-one 
months'  experience  in  the  public  schools  of  California. 
The  application  must  also  be  accompanied  by  a  fee  of  two 
dollars,  for  the  purpose  of  defraying  the  expense  of  issuing 
the  diploma.* 

Flftk — To  revoke  or  suspend  for  immoral  or  unprofes- 
sional conduct,  or  for  evident  unfitness  for  teaching,  Life 
Diplomas  or  Educational  Diplomas  heretofore  issued,  or 
that  may  hereafter  be  issued;  and  to  adopt  such  rules  for 
the  revocation  of  diplomas  as  they  may  deem  expedient  or 
necessary. 

Sixth — To  have  done  by  the  State  Printer,  or  other 
officer  having  the  management  of  the  State  printing,  any 
printing  required  by  it;  provided,  that  all  orders  for  print- 
ing shall  first  be  approved  by  the  State  Board  of  Ex- 
aminers. 

Seventh — To  adopt  and  use,  in  authentication  of  its  acts, 
an  official  seal. 

Ehjhth — To  keep  a  record  of  its  proceedings. 

*  No  fee  is  required  for  Educational  Diplomas.— J.  W.  A. 


146  SCHOOL   LAW, 

Ninth — To  designate  some  educational  monthly  journal 
as  the  official  organ  of  the  Department  of  Public  Instruc- 
tron.  One  copy  of  the  journal  so  designated  shall  be  fur- 
nished by  the  County  Superintendent  to  the  Clerk  of  each 
Board  of  District  Trustees,  to  be  placed  by  him  in  the  dis- 
trict library.  The  County  Superintendent  of  Schools  shall 
draw  his  warrant  semi-annually  in  favor  of  the  publishers 
of  such  school  journal,  for  a  sum  not  exceeding  one  dollar 
and  fifty  cents  ($1.50)  per  district,  for  each  school  year, 
and  charge  the  same  to  the  Library  Fund  of  the  district; 
provided,  that  the  .publishers  of  such  journal  shall  be  re- 
quired to  tile  an  affidavit  with  the  Superintendent  of 
Public  Instruction,  on  or  before  the  tenth  day  of  each 
month,  stating  that  they  had  mailed  one  copy  of  said 
journal  to  the  Clerk  of  each  school  district  in  the  State. 
It  is  hereby  made  the  duty  of  the  Clerk  of  each  Board  of 
District  Trustees,  and  the  Secretary  of  each  Board  of  Edu- 
cation, to  place  each  number  of  such  journal  in  the  school 
library  of  his  district,  on  or  before  the  end  of  the  month 
in  which  such  number  was  issued. 

1522.  The  actual  traveling  expenses  of  the  members,  in- 
curred in  attending  the  meetings  of  the  Board,  must  be 
audited  by  the  Controller,  and  paid  out  of  the  ( General 
Fund  in  the  State  Treasury. 

ARTICLE  II. 

SUPERINTENDENT   OF   PUBLIC   INSTRUCTION. 

1532.  It  is  the  duty  of  the  Superintendent  of  Public  In- 
struction: 

First — To  superintend  the  schools  of  this  State. 

Second — To  report  to  the  (rovernor,  on  or  before  the  fif- 
teenth day  of  September,  preceding  each  regular  session 
of  tlie  Legislature,  a  statement  of  the  condition  of  the 
State  Normal  schools  and  other  educational  institutions 
supported  by  the  State,  and  of  the  pul)lic  schools. 

Third — To  accompany  his  report  witli  ta1)ular  state- 
ments, showing  tlie  numl)cr  of  school  children  in  the  State; 
the  number  attending  public  schools,  and  the  average  at- 
tendance; the  nund)er  attending  private  schools,  and  the 
number  iu)t  attending  schools;  the  amount  of  State  School 
Fund  ai>])ortioned,  and  the  sources  from   which  derived; 


S(;il()OL    LAW.  147 

the  amount  raised  by  county  and  district  taxes,  or  from 
other  sources  of  revenue,  for  school  purposes;  and  the 
amount  expended  for  salaries  of  teachers,  for  building 
school  houses,  for  district  school  libraries,  and  for  inci- 
dental expenses. 

Fourth— To  apportion  the  State  School  Fund;  and  to 
furnish  an  abstract  of  such  apportionment  to  the  State 
Controller,  the  State  Board  of  Examiners,  and  to  the 
County  Auditors,  County  Treasurers,  and  County  Super- 
intendents of  the  several  counties  of  the  State. 

FiftJi — To  draw  his  order  on  the  Controller  in  favor  of 
each  County  Treasurer  for  school  moneys  apportioned  to 
the  county. 

Sixth — To  prepare,  have  printed,  and  furnish  all  officers 
charged  with  the  administration  of  the  laws  relating  to 
tlie  public  schools,  and  to  teachers,  such  blank  forms  and 
books  as  may  be  necessary  to  the  discharge  of  their  duties, 
including  blank  teachers'  certificates  to  be  used  by  County 
Boards  of  Education. 

Seventh — To  have  the  laws  relating  to  the  public  schools 
printed  in  pamphlet  form,  and  to  supply  school  officers 
and  school  libraries  with  one  copy  each. 

Eighth — To  visit  the  several  orphan  asylums  to  which 
State  appropriations  are  made,  and  examine  into  the 
course  of  instruction  therein. 

Ninth — To  visit  the  schools  in  the  diflferent  counties, 
and  inquire  into  their  condition;  and  the  actual  traveling 
expenses  thus  incurred  {provided,  that  they  do  not  exceed 
fifteen  hundred  dollars  per  annum),  shall  be  allowed, 
audited,  and  paid  out  of  the  General  Fund  in  the  same 
manner  as  other  claims  are  audited  and  paid. 

Tenth — To  authenticate  with  his  official  seal  all  drafts 
or  orders  drawn  by  him,  and  all  papers  and  writings  is- 
sued from  his  ofiice. 

Eleventh — To  have  bound,  at  the  State  Bindery,  all  val- 
uable school  reports,  journals,  and  documents  in  his  office, 
or  hereafter  received  by  him. 

Ticelfth — To  report  to  the  Controller,  on  or  before  the 
tenth  day  of  July  of  each  j'ear,  the  total  number  of  chil- 
dren in  the  State  between  the  ages  of  five  and  seventeen 
years,  as  shown  by  the  latest  reports  of  the  County  Super- 
tendents  on  file  in  his  office. 


148  SCHOOL    LAW. 

Thirteenth — To  deliver  over,  at  the  expiration  of  his 
term  of  office,  on  demand,  to  his  successor,  all  property, 
books,  documents,  maps,  records,  reports,  and  other  pa- 
pers belonging  to  his  office,  or  which  may  have  been  re- 
ceived by  him  for  the  use  of  his  office. 

1538.  He  shall  have  power  to  call,  biennially,  a  conven- 
tion of  the  County  and  City  Superintendents,  to  assemble 
at  such  time  and  place  as  he  shall  deem  most  convenient, 
for  the  discussion  of  questions  pertaining  to  the  super- 
vision and  administration  of  the  pu])lic  schools,  the  laws 
relating  thereto,  and  such  other  subjects  affecting  the  wel- 
fare and  interest  of  the  public  schools  as  shall  properly  be 
Ijrought  before  it.  It  is  hereby  made  the  duty  of  all 
County  and  City  Superintendents  to  attend  and  take  part 
in  the  proceedings  of  such  convention  when  it  is  called. 
The  actual  expenses  of  the  County  Superintendents  at- 
tending the  convention  shall  be  allowed  by  the  Board  of 
Supervisors,  and  paid  out  of  the  same  fund  as  the  salary 
of  the  County  Superintendents  is  paid;  the  actual  ex- 
penses of  the  City  Superintendents  attending  the  con- 
vention shall  be  allowed  and  paid  out  of  the  same  fund  as 
the  salary  of  such  City  Superintendent  is  paid. 

ARTICLE   III. 

SCHOOL   SUrERINTENDENTS. 

1543.  It  is  the  duty  of  the  County  Superintendent  of 
each  county: 

First — To  superintend  the  schools  of  liis  county. 

Second — 1.  To  apportion  the  school  moneys  to  each 
school  district,  as  provided  in  section  one  thousand  eight 
hundred  and  Hfty-eight  of  this  Code,  at  least  four  times  a 
year.  For  this  purpose  he  may  require  of  the  County 
Auditor  a  report  of  the  amount  of  all  school  moneys  on 
hand  to  the  credit  of  the  several  school  funds  of  the 
county  not  already  apportioned;  and  it  is  hereby  made 
the  duty  of  the  Auditor  to  furnish  such  report  when  so 
required;  and  wlienever  an  excess  of  money  has  accumu- 
lated to  tlio  credit  of  a  scluxd  district  b^'  reason  of  a  large 
census  roll  and  a  .small  attendance,  l)eyond  a  reas(mal)le 
amount  necessary  to  maintain  a  school  for  eight  months 
in  such  district  f(»r  tlie  year,  tlie  Superintendent  of  Schools 


SCHOOL    LAW.  149 

shall  place  said  excess  of  money  to  the  credit  of  the  unap- 
portioned  school  funds  of  the  county,  and  shall  apportion 
the  same  as  other  school  funds  are  apportioned. 

2.  If  in  any  school  district  there  has  been  an  average 
daily  attendance  of  only  five,  or  a  number  of  pupils  less 
tliau  five,  during  the  whole  school  year,  the  Superintendent 
shall  at  once  suspend  the  district,  and  report  the  fact  to 
the  Board  of  Supervisors  at  their  next  meeting.  The  Board 
of  Supervisors,  upon  receiving  such  repoi-t  from  the  Superin- 
tendent, shall  declare  the  district  lapsed,  and  shall  attach 
the  territory  thereof  to  one  or  more  of  the  adjoining  school 
districts  in  such  manner  as  may  be  Ijy  them  deemed  most 
convenient  for  the  residents  of  said  lapsed  district. 

3.  When  any  district  has  been  declared  lapsed,  the  Board 
of  Supervisors  shall  sell  or  otherwise  dispose  of  the  prop- 
erty thereto  belonging,  and  shall  place  the  proceeds  of  such 
sale  to  the  credit  of  the  district.  Thereupon  the  Superin- 
tendent shall  deterniine  all  outstanding  indebtedness  of 
said  lapsed  district,  and  shall  draw  his  requisition  upon 
the  County  Auditor  in  payment  thereof.  Any  Ijalance  of 
moneys  remaining  to  the  credit  of  said  lapsed  district  shall 
be  transferred  Ijy  the  Superintendent  to  the  unapportioned 
school  funds  of  the  county,  and  shall  be  apportioned  as 
other  school  funds  are  apportioned.  Should  there  not  be 
sufficient  funds  to  the  credit  of  the  lapsed  district  to  liqui- 
date all  of  the  outstanding  indebtedness  thereof,  the  Super- 
intendent shall  draw  his  requisition  upon  the  County  Aud- 
itor pro  rata  for  the  several  claims. 

Third — 1.  On  the  order  of  the  Board  of  School  Trustees, 
to  draw  his  requisition  upon  the  County  Auditor  for  all 
necessary  expenses  against  the  School  Fund  of  any  district, 
or  of  any  city  or  town  which  has  not  a  Board  of  Education. 
The  requisitions  must  be  drawn  in  the  order  in  which  the 
orders  therefor  are  tiled  in  his  office.  Each  requisition 
must  specify  the  purpose  for  which  it  is  drawn ;  but  no 
requisition  shall  be  drawn  unless  the  money  is  in  the  fund 
to  pay  it,  and  no  requisition  shall  be  drawn  upon  the  order 
of  the  Board  of  School  Trustees  against  the  funds  of  any 
district,  except  for  teachers'  salaries,  unless  such  order  is 
accompanied  by  an  itemized  bill  showing  the  separate  items 
and  the  price  of  each,  in  payment  for  which  the  order  is 
drawn ;  nor  shall  any  requisition  for  teachers'  salaries  be 
drawn  unless  the  order  sliall  state  the  monthly  salary  of 


150  SCHOOL    LAW. 

the  teacher,  and  name  the  months  for  which  such  salary  is 
due.  Upon  the  receipt  of  such  requisition  the  Auditor 
shall  draw  his  warrant  upon  the  County  Treasurer  in  favor 
of  the  x^arties  for  the  amount  stated  in  such  requisition. 

2.  On  the  order  of  the  Board  of  Education  of  any  city 
having  a  Board  of  Education,  the  County  Superintendent 
shall  draw  his  requisition  upon  the  County  Auditor  in  favor 
of  the  City  Treasurer  of  said  city  for  all  State  and  countj^ 
moneys,  and  for  all  other  moneys  apportioned  by  the  said 
Superintendent  to  said  city.  Upon  the  presentation  of 
said  requisition  the  County  Auditor  shall  draw  his  war- 
rant upon  the  County  Treasurer  in  favor  of  the  Treasurer 
of  said  cit}^  for  the  amount  stated  in  said  requisition.  It 
shall  be  the  duty  of  the  County  Treasurer  to  pay  tlie  amount 
stated  in  the  warrant  of  the  County  Auditor  to  the  Treas- 
urer of  said  city ;  and  it  shall  be  the  duty  of  the  Treasurer 
of  said  city  to  receive  and  safely  keep  all  moneys  so  re- 
ceived, and  to  pay  the  same  out  upon  the  order  of  the 
Board  of  Education  of  said  city,  which  order  must  be  is- 
sued by  said  Board  of  Education,  as  provided  in  division 
(1)  one  of  this  subdivision  of  section  one  thousand  five 
hundred  and  forty -three  of  the  Political  Code. 

Fourth — To  keep,  open  to  the  inspection  of  the  public, 
a  register  of  requisitions,  showing  the  fund  upon  which 
the  requisitions  have  been  drawn,  the  number  thereof,  in 
whose  favor,  and  for  what  purj)ose  they  were  drawn,  and 
also  a  receipt  from  the  person  to  whom  the  requisition  was 
delivered. 

Fifth — To  visit  and  examine  each  school  in  his  county  at 
least  once  in  each  year.  For  every  school  not  so  visited  the 
Board  of  Supervisors  must,  on  proof  thereof,  deduct  ten 
dollars  from  liis  salary. 

Sixth— To  preside  over  Teachers'  Institutes  held  in  his 
county,  and  to  secure  the  attendance  thereat  of  lecturers 
competent  to  instruct  in  the  art  of  teaching,  and  to  report 
to  the  County  Board  of  Education  the  names  of  all  teachers 
in  the  county  who  fail  to  attend  regularly  the  sessions  of 
the  Institute;  to  enforce  the  course  of  study,  the  use  of 
text-l)ooks,  and  the  rules  and  regulations  for  the  examin- 
ation of  teacliers  prescril)ed  by  the  proper  authority. 

Seveuth — He  shall  have  power  to  issue,  if  he  deem  it 
proper  to  do  so,  temporary  certificates,  valid  until  the  next 
.semi-annual  meeting  of  the  Comity  Board  of  Education, 


SCHOOL    LAW.  151 

to  persons  holding  certificates  of  like  grade  granted  in  other 
counties,  cities,  or  cities  and  counties,  or  upon  any  certifi- 
cates or  diplomas  upon  whicli  County  Boards  are  empowered 
to  grant  certificates  without  examination,  as  specified  in 
section  seventeen  liundred  and  seventy-five  ;  provided,  that 
no  person  sliall  be  entitled  to  receive  such  temporary  cer- 
tificate more  than  once  in  the  same  county. 

Ei<jhth — To  distribute  all  laws,  reports,  circulars,  in- 
structions, and  blanks  which  he  may  receive  for  the  use  of 
school  officers. 

Ninth — To  keep  in  his  office  the  reports  of  the  Superin- 
tendent of  Public  Instruction. 

Tenth — To  keep  a  record  of  his  official  acts,  and  of  all 
the  proceedings  of  the  County  Board  of  Education,  includ- 
ing a  record  of  the  standing,  in  each  study,  of  all  applicants 
examined,  which  shall  be  open  to  the  inspection  of  any  ap- 
plicant or  his  authorized  agent. 

Eleventh — Except  in  incorporated  cities  having  Boards  of 
Education,  to  pass  upon  and  approve  or  reject  all  plans  for 
school  houses.  To  enable  him  to  do  so,  all  Boards  of  Trus- 
tees, before  adopting  any  plans  for  school  buildings,  must 
submit  the  same  to  the  County  Superintendent  for  his 
approval. 

Ticel/th — To  appoint  Trustees  to  fill  all  vacancies,  to  hold 
until  the  first  day  of  July  succeeding  such  appointment ; 
when  new  districts  are  organized,  to  appoint  Trustees  for 
the  same,  who  shall  hold  office  until  the  first  day  of  July 
next  succeeding  their  appointment.  In  case  of  the  failure 
of  the  Trustees  to  employ  a  janitor,  as  provided  in  section 
sixteen  hundred  and  seventeen,  subdivision  seventh,  of  this 
Code,  he  shall  appoint  a  janitor,  who  shall  be  paid  out  of 
the  School  Fund  of  the  district.  Should  the  Board  of 
School  Trustees  of  any  district  fail  or  refuse  to  issue  an 
order  for  the  compensation  for  such  service,  the  Superin- 
tendent is  hereby  authorized  to  issue,  without  such  order, 
his  requisition  upon  the  County  School  Fund  apportioned 
to  such  district. 

Thirteenth — To  make  reports,  when  directed  by  the  Su- 
perintendent of  Public  Instruction,  showing  such  matters 
relating  to  the  public  schools  in  his  county  as  may  be  re- 
quired of  him. 

Fourteenth — To  preserve  carefully  all  reports  of  scliool 


152  SCHOOL    LAW. 

officers  and  teachers,  and,  at  the  close  of  his  official  term, 
deliver  to  his  siiccessor  all  records,  books,  documents,  and 
papers  belonging  to  the  office,  taking  a  receipt  for  the  same, 
which  will  be  filed  in  the  office  of  the  County  Clerk. 

Fifteenth — The  Countj'  Superintendent  shall,  unless 
otherwise  provided  by  law.  in  the  month  of  July  of  each 
year,  grade  each  school,  and  a  record  thereof  shall  be  made 
in  a  book  to  be  kept  by  the  County  Superintendent  in  his 
office  for  this  purpose.  And  no  teacher  holding  a  certifi- 
cate below  the  grade  of  said  school  shall  be  employed  to 
teach  the  same. 

1544.  If  he  fails  to  make  a  full  and  correct  report,  as  re- 
quired under  the  provisions  of  subdivision  thirteen  of  sec- 
tion fifteen  hundred  and  forty -three,  at  the  time  fixed  by 
the  Superintendent  of  Public  Instruction,  he  forfeits  one 
hundred  dollars  of  his  salary  ;  and  the  Board  of  Supervisors, 
upon  receiving  from  the  Superintendent  of  Public  Instruc- 
tion notice  of  such  failure,  must  deduct  the  amount  for- 
feited from  his  salary. 

1545.  He  must,  when  there  is  sufficient  money  in  the 
fund  of  any  school  district  to  maintain  a  free  school  therein 
for  six  months,  if  the  Trustees  fail  to  have  such  school  kept, 
appoint  a  teacher,  and  open  and  keep  such  school,  and  may 
draw  his  requisition  upon  the  County  Auditor,  who  shall 
draw  his  warrant  upon  the  fund  of  such  district  for  the 
expense  incurred. 

154(3.  He  may,  in  his  discretion,  require  the  Trustees  of 
any  district  to  repair  the  school  buildings  or  property,  or 
to  abate  any  nuisance  in  or  al)out  the  premises,  if  such  re- 
pairs or  aljatement  can  be  done  for  a  sum  not  exceeding 
fifty  dollars,  and  there  is  a  sufficient  amount  of  money  in 
the  treasury  to  the  credit  of  tlie  district.  He  may  also, 
in  all  cases,  require  the  Trustees  to  provide  suitable  out- 
houses, and,  where  practicalde,  to  adorn  the  ground  with 
fruit  and  ornamental  trees  and  shrul)l)ery ;  and,  if  the 
Trustees  neglect  to  make  such  provi?iou,  he  may  cause  it  to 
be  done,  and  pay  for  it  on  his  recpiisition  upon  the  County 
Auditor,  wlio  shall  draw  his  warrant,  payable  out  of  any 
money  to  tlie  credit  of  the  district. 

1548.  He  may  draw  his  requisition  upon  the  County  Aud- 
itor, who  sliall  draw  liis  warrant  on  the  unapportioned 
County  Scliool  Fund,  in  his  own  favor,  for  tlie  l)nidiug  (»f 
school  documents,   not  to  exceed  twenty  dollars  a  year; 


SCIIOUI-    LAW.  15.^ 

fur  postage  and  cxpressage  for  liis  otiicc,  not  to  exceed  two 
dollars  for  each  district  of  his  county,  and  for  such  other 
incidental  expenses  as  may  be  authorized  l)y  law  ;  provided, 
that  not  more  than  one  half  of  such  allowance  shall  be  used 
during  the  tirst  six  months  of  any  scliool  year,  except  by 
unanimous  consent  of  the  Board  of  .Supervisors ;  and  pro- 
vided further,  that  in  incorporated  cities,  each  school  con- 
taining three  hundred  pupils  shall  be  considered  equal  to 
one  school  district. 

1549.  Each  County  Superintendent  may  appoint  a 
deputy;  but  no  salary,  payable  out  of  the  School  Fund, 
must  be  allowed  such  deputy. 

1550.  The  Deputy  School  Superintendent  of  any  city, 
or  city  and  county,  having  over  thirty  thousand  inhabit- 
ants, may  receive  such  compensation  as  the  Board  of  Edu- 
cation thereof  prescribes,  payable  in  the  same  manner  and 
out  of  the  same  fund  as  the  Superintendent  of  Schools 
thereof  is  paid. 

1551.  Every  School  Superintendent  in  this  State  must, 
on  or  before  the  first  day  of  July  in  each  year,  report  to 
the  Superintendent  of  Public  Instr^^ction,  and  to  the 
Board  of  Supervisors  of  his  county,  the  number  of  children 
therein  between  the  ages  of  five  and  seventeen  years,  as 
appears  by  the  latest  returns  of  the  Census  Marshals  on 
file  in  his  office.  It  shall  be  the  duty  of  every  County 
Superintendent  to  inquire  and  ascertain  whether  the 
boundaries  of  the  school  districts  in  his  county  are  defi- 
nitely and  plainly  descril)ed  in  the  records  of  the  Board  of 
Supervisors,  and  to  keep  in  his  office  a  full  and  correct 
transcript  of  such  boundaries.  In  case  the  boundaries  of 
districts  are  confiicting,  or  incorrectly  descriljed,  he  shall 
report  such  fact  to  the  Board  of  Supervisors,  and  the 
Board  of  Supervisors  shall  immediately  take  such  steps  as 
are  necessary  to  change,  harmonize,  and  clearly  define 
them.  The  County  Superintendent,  if  he  deem  it  neces- 
sary for  the  guidance  of  School  Census  Marshals,  may 
order  the  description  of  the  district  boundaries  printed  in 
pamphlet  form,  and  pay  for  the  same  out  of  the  County 
School  Fund. 

1552.  Each  County  Superintendent  shall  receive  his 
actual  and  necessary  traveling  expenses,  said  expenses  to 
be  allowed  by  the  Board  of  Supervisors,  and  to  be  paid  out 


104  SCHOOL    LAW. 

of  the  County  General  Fund;  provided,  that  this  amount 
shall  not  exceed  ten  dollars  per  district  per  annum. 

1553.  No  School  Superintendent,  who  receives  an  an- 
nual salary  of  fifteen  hundred  dollars  or  more,  must  follow 
the  profession  of  teaching,  or  any  other  vocation  that  can 
conflict  with  his  duties  as  Superintendent;  but  those  re- 
ceiving less  than  fifteen  hundred  dollars  per  annum  may 
teach  in  the  public  schools  of  this  State. 

ARTICLE  IV. 

teachers'  institutes. 

1560.  The  Superintendent  of  every  county  in  which 
there  are  twenty  or  more  school  disti'icts,  and  of  every 
city  and  county  in  the  State,  must  hold  at  least  one 
Teachers'  Institute  in  each  year;  and  every  teacher  em- 
ployed in  a  public  school  in  the  county  must  attend  such 
Institute,  and  participate  in  its  proceedings;  provided, 
that  cities  employing  seventy  or  more  teachers  may  have 
a  separate  Institute,  to  meet  at  least  once  a  year,  the  ses- 
sions to  be  of  not  less  than  three  nor  more  than  five  days; 
and  provided  further,  that  teachers  attending  such  City 
Institute  shall  not  be  required  to  attend  the  County  In- 
stitute. The  expenses  of  such  City  Institutes,  not  ex- 
ceeding two  hundred  dollars  annually,  shall  be  paid  from 
the  special  school  funds  of  said  city. 

1501.  In  any  county  in  which  there  are  less  than  twenty 
school  districts,  the  County  Superintendent  may,  in  his 
discretion,  hold  an  Institute,  When  directed  by  the 
County  Board  of  Education,  he  shall  hold  an  Institute  not 
oftener  than  once  each  year,  at  such  time  and  place  as  the 
Board  may  direct. 

1562.  Each  session  of  the  Institute  must  continue  not 
less  tlian  three  nor  more  than  five  days. 

150.3,  When  the  Institute  is  held  during  the  time  that 
teachers  are  employed  in  teaching,  their  pay  must  not  be 
diminished  by  reason  of  their  attendance. 

1504.  The  County  Superintendent  must  keep  an  accu- 
rate account  of  tlie  actual  expenses  of  said  Institute,  with 
vouchers  for  tlie  same,  and  draw  his  reciuisition  upon  the 
County  Auditor,  who  shall  draw  his  warrant  on  the  un- 
apportioned   County  School    Fund   to   pay  said   amount; 


SCHOOL    LAW.  155 

provided,  that  such  amount  must  not  exceed  two  hundred 
dollars  for  any  one  year. 

1565.  Except  for  a  temporary  certificate,  and  except  as 
provided  in  subdivision  second  of  section  one  thousand 
live  hundred  and  three  of  the  Political  Code,*  every  appli- 
cant for  a  teacher's  certificate,  or  for  the  renewal  of  a  cer- 
tificate, upon  presenting  his  application,  shall  pay  to  the 
County  Superintendent  a  fee  of  two  dollars,  to  be  by  him 
immediately  deposited  with  the  County  Treasurer,  to  the 
credit  of  a  fund  to  be  known  as  the  Teachers'  Institute 
and  Library  Fund.  All  funds  so  credited  shall  be  drawn 
out  only  upon  the  requisition  of  the  County  Superin- 
tendent of  Schools  upon  the  County  Auditor,  who  shall 
draw  his  warrant  in  payment  of  the  services  of  instructors 
in  the  County  Teachers'  Institute;  provided,  they  be  not 
teachers  in  the  public  schools  of  the  county  in  which  such 
Institute  is  held;  and  for  the  purchase  of  books  for  a 
lil)rary  for  the  use  of  the  teachers  of  the  county.  At  least 
fifty  per  cent,  of  the  Teachers'  Institute  and  Library  Fund 
shall  1)6  expended  for  books.  The  County  Superintendent 
shall  take  charge  of  the  teachers'  library,  prepare  a  cata- 
logue of  its  contents,  and  keep  a  correct  record  of  books 
taken  therefrom  and  returned  thereto. 

ARTICLE  V. 

SCHOOL    DISTRICTS. 

1575.  Every  school  district  must  be  designated  by  the 

name  and  style  of  " District  (using  the  name  of  the 

district),  of County  "  (using  the  name  of  the  county 

in  which  such  district  is  situated);  and  in  that  name  the 
Trustees  may  sue  and  be  sued,  and  hold  and  convey  prop- 
erty for  the  use  and  benefit  of  such  district.  A  number 
must  not  be  used  as  a  part  of  a  designation  of  any  school 
district. 

1576.  Every  city  or  incorporated  town,  unless  subdi- 
vided by  the  legislative  authority  thereof,  shall  constitute 
a  separate  school  district,  which  shall  be  governed  by  the 

*  In  Section  1503,  as  originally  drawn,  there  was  a  provision  that 
the  holders  of  Normal  School  Diplomas  should  not  be  required  to 
pay  a  fee  for  the  certificates.  Tiiis  provision  was  afterwards  stricken 
out,  and  api^licants  are  therefore  required  to  pay  the  fee. — J.  W.  A. 


156  SCHOOL    LAW. 

Board  of  Education  or  Board  of  School  Trustees  of  such 
city  or  incorporated  town;  provided,  that  whenever  a  city 
or  town  shall  be  incorporated  the  Board  of  Siipervisors  of 
the  county  may  annex  thereto,  for  school  purposes  only, 
the  remainder,  or  any  part  of  the  remainder,  of  the  dis- 
trict or  districts  from  which  such  city  or  incorporated 
town  was  organized,  whenever  a  majority  of  the  heads  of 
families  residing  therein,  as  shoAvn  by  the  last  preceding 
school  census,  shall  petition  for  such  annexation  ;  and 
provided  further,  that  the  Board  of  Supervisors  may  in- 
clude more  territory  than  the  remainder  of  the  district  or 
districts  from  which  the  city  or  incorporated  town  was 
organized,  Mdienever  a  petition  for  such  purpose  is  pre- 
sented to  them,  signed  by  a  majority  of  the  heads  of 
families,  as  shown  l)y  the  last  pi-eceding  school  census,  re- 
siding in  such  additional  territory.  When  said  remainder 
or  part  thereof,  or  said  additional  outside  territory,  has 
been  annexed  to  said  city  or  incorporated  town,  it  shall 
be  deemed  a  part  of  said  city  or  incorporated  town  for  the 
purpose  of  holding  the  general  municipal  election,  and 
shall  form  one  or  more  election  precincts,  as  may  be  de- 
termined by  the  legislative  authority  of  said  city  or  incor- 
porated town,  the  qualified  electors  of  which  shall  vote 
only  for  the  Board  of  P^ducation,  or  the  Board  of  School 
Trustees;  and  such  outside  territory  shall  be  deemed  to 
be  a  part  of  said  city  or  incorporated  town  for  all  matters 
connected  M'ith  the  School  Department  thereof,  for  the 
annual  levying  and  collecting  of  the  property  tax  for  the 
School  Funds  of  said  city  or  incorporated  town,  and  for 
all  purposes  specified  in  sections  one  thousand  eight  hun- 
dred and  eighty  to  one  thousand  eight  hundred  and  eighty- 
eight  of  this  Code,  inclusive. 

1577.  First — No  new  school  district  shall  be  formed  at 
any  otlier  time  than  between  the  first  day  of  December 
and  the  fifth  day  of  April,  nor  at  that  time  unless  the 
parents  or  guardians  of  at  least  fifteen  census  children, 
residents  of  such  proposed  new  district,  and  residing  at  a 
greater  distance  than  two  miles  by  a  traveled  road  from 
the  public  school-lK)use  in  the  district  in  which  said  parents 
or  guardians  reside,  present  a  petition  to  the  Superin- 
tendent of  Schools,  setting  forth  the  boundaries  of  the  new 
district  asked  for;  provided,  that  the  provision  requiring 
that   i\\v.  petitioners   sluill    reside  a  distance  of  more  than 


SCHOOL    LAW.  157 

two  miles  by  a  traveled  road  from  the  said  public  school- 
house  may  be  dispensed  with  when  the  petition  shall  be 
signed  by  the  parents  or  guardians  of  tifty  or  more  census 
children  resident  of  a  district  containing  more  than  three 
liundred  census  children. 

Second — The  boundaries  of  a  school  district,  except  as 
provided  in  section  one  thousand  five  hundred  and  fifty- 
one  of  the  Political  Code,  shall  be  changed  only  l^etween 
the  first  day  of  January  and  the  fifth  day  of  April  in  any 
year,  and  then  only  when  at  least  ten  heads  of  families 
residing  in  the  districts  affected  by  the  proposed  change  of 
l)oiindaries  shall  present  to  the  Superintendent  of  Schools 
a  petition  setting  forth  the  changes  of  boundaries  desired, 
and  the  reasons  for  the  same ;  provided,  that  two  or  more 
districts  lying  contiguous  may,  at  any  time,  be  iinited  to 
constitute  but  one  district,  whenever  a  petition  signed  by 
a  majority  of  the  heads  of  families  residing  in  each  of 
said  districts  shall  be  presented  to  the  Superintendent  of 
Schools. 

Third — Joint  districts  (that  is,  districts  lying  partly  in 
one  county  and  partly  in  another)  may  be  formed  at  any 
time  between  the  first  day  of  December  and  the  fifth  day 
of  April  in  any  year,  whenever  a  petition  signed  by  the 
parents  or  guardians  of  at  least  fifteen  census  children, 
residents  of  such  proposed  joint  district  and  residing  at  a 
greater  distance  than  two  miles  by  a  traveled  road  from 
any  public  school  house,  shall  be  presented  to  the  Super- 
intendent of  each  county  affected  by  the  proposed  form- 
ation of  the  joint  district ;  and  provided  further,  that  the 
provision  requiring  that  the  petitioners  shall  reside  a  dis- 
tance of  more  than  two  miles  by  a  traveled  road  from  any 
public  school  house  may  be  dispensed  with  when  the  peti- 
tion shall  lie  signed  by  the  parents  or  guardians  of  fifty  or 
more  census  children  residents  of  districts  any  one  of  which 
contains  more  than  three  hundred  census  children.  All 
the  provisions  relative  to  the  formation  of  joint  districts 
shall  be  by  concurrent  action  of  the  Superintendent  and 
the  Board  of  Supervisors  of  each  county  affected. 

Fourth — The  children  residing  in  any  newly  formed  dis- 
trict, in  any  district  whose  boundaries  have  been  changed, 
or  in  any  joint  district,  shall  be  permitted  to  attend  the 
school  in  the  district  or  districts  from  which  the  newly 


158  SCHOOL    LAW. 

formed  district  was  constituted  until  the  first  day  of  July 
next  succeeding  the  formation  or  change.* 

Fifth — Whenever  a  district  shall  be  united  "wdth  a  munici- 
pality or  with  another  district,  all  funds  belonging  to  said 
district  shall  be  transferred,  by  requisition  of  the  Super- 
intendent of  the  county  upon  the  County  Auditor,  to  the 
municipality  or  district  with  which  said  district  is  united. 

1578.  After  giving  due  notice  to  all  parties  interested, 
by  sending  notice  by  registered  mail  to  each  of  the  Trustees 
of  any  school  district  that  may  be  affected  by  the  proposed 
change,  or'by  causing  notices  to  be  posted  in  three  public 
places  in  each  district  affected,  one  of  which  shall  be  at  the 
door  of  the  school  house  of  said  districts,  for  at  least  one 
week,  the  County  Superintendent  must  transmit  the  pe- 
tition to  the  Board  of  Supervisors,  with  liis  approval  or 
disapproval.  If  he  approves  the  petition  he  may  note  such 
changes  in  the  boundaries  as  he  may  think  desirable. 

1579.  The  Board  of  Supervisors  must,  at  their  first  meet- 
ing after  the  receipt  of  the  petition,  act  iipon  the  same. 
If  the  Board  establishes  the  district,  they  may  do  so  in 
accordance  with  the  original  prayer  of  the  petition,  or  with 
such  modifications  as  they  may  choose  to  make. 

1581.  After  the  making  of  an  order  by  the  Board  of  Su- 
pervisors, creating  a  new  district,  the  school  must  be  opened 
therein  not  later  than  the  second  Monday  in  September  in 
the  year  in  which  the  order  is  made  ;  otherwise,  said  order 
shall  be  null  and  void. 

1538.  Whenever  a  district  lies  partly  in  one  county  and 
partly  in  another,  the  County  Superintendent  must  appor- 
tion to  such  district  such  proportion  of  the  school  money 
to  which  such  district  is  entitled,  as  tlie  number  of  school 
census  cliildren  residing  in  that  portion  of  the  district 
situated  in  his  county  bears  to  the  M'hole  number  of  school 
census  cliildren  in  the  whole  district.  The  text-books  to 
be  used,  and  tlic  rules  governing  the  school  in  such  district, 
shall  be  tliosc  adopted  by  the  Board  of  Education  of  the 
county  in  wliich  the  school  house  in  said  joint  district  is 
located.  Tlie  Trustees  and  teachers  of  joint  districts  shall 
make  to  tlie  Superintendents  of  each  county  in  which  the 

*  A  new  district  is  not  entitled  to  any  apportionment  of  the  funds 
bclonRinp  to  tlio  school  year  in  which  the  new  district  was  formed, 
the  children  of  1h<!  \\vw  district  hciiif];  pcrinKtod  to  attend  in  the  old 
diatrict  ;iiitil  the  llrHt  day  ol"  .Inly.     -T.  W.  A. 


SCHOOl.    LAW,  159 

district  is  located,  the  reports  which  otlier  Trustees  and 
teachers  are  re(|uired  to  make,  and  also  the  number  of  pupils 
attending  the  school  from  each  county.  The  teacher  in 
such  joint  district  shall  not  be  required  to  hold  a  certificate 
in  Ijoth  counties. 

ARTICLE  VI. 

ELECTIONS   FOR   SCHOOL   TRITSTEES. 

1593.  All  election  for  .School  Trustees  must  be  held  in 
each  school  district  on  the  first  Friday  of  June  of  each  year, 
at  the  district  school  house,  if  there  is  one,  and  if  there  is 
none,  at  the  place  to  be  designated  l)y  the  Board  of  Trustees. 

1.  The  number  of  .School  Trustees  for  any  school  district, 
except  where  City  Boards  are  otherwise  authorized  by  law, 
shall  be  three.  No  person  shall  be  deemed  ineligil)le  to  the 
office  of  Trustee  on  account  of  sex. 

2.  In  new  school  districts  the  .School  Trustees  shall  be 
elected  on  the  first  Friday  of  June  suljsequent  to  the  for- 
mation of  the  district,  to  hold  office  for  one,  two,  and  three 
years,  respectively,  from  the  first  day  of  July  next  suc- 
ceeding their  election. 

3.  When  a  vacancy  occurs  from  any  of  the  causes  speci- 
fied in  section  nine  hundred  and  ninety-six  of  this  Code, 
the  Superintendent  shall  appoint  a  suitable  person  to  fill 
such  vacancy,  until  the  first  day  of  July  next  succeeding 
the  appointment,  and  a  party  shall  be  elected  at  the  next 
June  election,  to  hold  oliice  for  the  remainder  of  the  term. 

4.  Except  as  provided  in  subdivisions  two  and  three  of 
this  section,  one  Trustee  shall  be  elected  annually,  to  hold 
office  for  three  years,  or  until  his  successor  shall  be  elected 
and  qualified. 

loDo.  Not  less  than  ten  days  before  the  election  required 
.under  section  fifteen  hundred  and  ninety-three,  the  Trustees 
must  post  notices  in  three  public  places  in  the  district, 
which  notices  must  specify  the  time  and  place  of  election, 
and  the  hours  during  which  the  polls  will  be  kept  open  ; 
if  within  five  days  of  the  election  the  Trustees  have  failed 
to  post  the  notices  required  under  this  section,  then  any 
three  electors  of  the  district  may  give  notice  of  such 
election. 

1596.  Trustees  must  appoint  one  Inspector  and  two 
Judges  of  Election  ;  if  none  are  so  appointed,  or  if  those 


160  SCHOOL    LAW. 

ai)pointcd  are  not  present  at  the  time  for  opening  the  polls, 
the  electors  present  may  appoint  them,  and  they  shall  con- 
duct the  election. 

1597.  In  districts  in  which  the  number  of  children  be- 
tween live  and  seventeen  years  of  age  exceeds  live  hundred, 
the  polls  must  be  opened  at  eight  o'clock  A.  M. ,  and  kept 
open  iintil  sundown.  In  other  districts  the  polls  must  not 
be  opened  before  nine  o'clock  A.  M.,  nor  kept  open  less  than 
four  hours. 

1598.  Every  qualified  elector  of  the  county,  who  has 
resided  in  the  district  for  thirty  days  next  preceding  the 
election,  may  vote  thereat. 

1599.  The  voting  must  be  by  ballot  (without  reference 
to  the  general  election  law  in  regard  to  nominations,  form 
of  ballot,  or  manner  of  voting),  which  shall  be  handed  by 
the  elector  voting  to  the  Inspector,  who  shall  then,  in  his 
presence,  deposit  the  same  in  the  ballot-box,  and  the  Judges 
shall  enter  the  el  actor  s  name  on  the  poll  list. 

1600.  Any  person  offering  to  vote  may  be  challenged  by 
any  elector  of  the  district,  and  the  Judges  of  Election 
must  thereupon  administer  to  the  person  challenged  an 
oath,  in  substance  as  follows:  "You  do  swear  that  you 
are  a  citizen  of  the  United  States,  that  you  are  twenty-one 
years  of  age,  that  you  have  resided  in  this  State  one  year, 
in  this  county  ninety  days,  and  in  this  school  district  thirty 
days  next  preceding  this  election,  and  that  your  name  is 
on  the  Great  Register  of  this  county,  and  that  you  have 
not  before  voted  this  day. "  If  he  takes  tlie  oatli  prescribed 
in  this  section,  his  vote  must  be  received,  otherwise  his 
votu  must  be  rejected. 

1601.  A  poll  and  tally  list  must  be  kept  and  returned  to 
the  Board  of  Trustees. 

1602.  The  officers  of  election  must  publicly  canvass  the 
votes  imniddiately  after  closing  the  polls,  and  make,  sign, , 
and  deliver  certificates  of  election  to  the  person  or  persons 
elected,  which  must,  with  the  oath  of  office  of  the  person 
so  elected  attached,  be  forwarded  to  the  County  Superin- 
tendent of  Schools,  and  filed  in  his  office. 


scirooi,  LAW.  IGl 

ARTICLE  VII. 

HOARDS    OF    TRUSTEES    OP'    SCHOOL    DLSTRICTS,    AND    CITY 
BOARDS   OF   EDUCATION. 

1(311.  Except  when  otherwise  authorized  by  law,  every 
school  district  shall  be  under  the  control  of  a  Board  of 
School  Trustees,  consisting  of  three  members. 

1G18.  The  term  of  office  of  School  Trustees  is  three  years, 
from  the  first  day  of  July  next  succeeding  their  election. 

1(314.  First — Vacancies  in  the  office  of  Scliool  Trustee 
are  caused  by  the  happening  of  any  of  the  events  specified 
in  section  nine  hundred  and  ninety-six  of  the  Political 
Code,  or  by  failure  to  elect,  as  provided  in  section  one 
thousand  five  hundred  and  ninety-three  of  this  Code. 

Second — When  a  School  Trustee  resigns,  his  resignation 
must  be  sent  in  writing  to  the  County  Superintendent  of 
Schools. 

1615.  First-^Vsh^n  a  new  district  is  organized,  such  of 
the  Trustees  of  the  old  district  as  reside  within  the  bound- 
aries of  the  new  shall  l)e  Trustees  of  the  new  district  until 
the  expiration  of  the  time  for  which  they  were  elected. 

Second — When  joint  districts  are  formed,  three  Trustees 
shall  be  elected  at  the  June  election  next  succeeding  the 
formation  thereof,  to  hold  office  for  one,  two,  and  three 
years,  respectively,  from  the  first  day  of  July  next  suc- 
ceeding their  election.  The  terms  of  the  Trustees  in  the 
districts  uniting  to  form  the  joint  district  shall  expire  on 
the  formation  of  said  joint  district,  and  the  Superintendent 
of  the  county  in  which  lies  the  district  having  the  greater 
number  of  census  children  shall  appoint  two  Trustees,  and 
the  Superintendent  of  the  county  in  which  the  other  dis- 
trict lies  shall  appoint  one  Trustee,  to  hold  office  until  the 
first  day  of  July  next  succeeding  the  formation  of  the  joint 
district. 

1616.  Boards  of  Education  are  elected  in  cities  under  the 
provisions  of  the  laws  governing  such  cities,  and  their 
powers  and  duties  are  as  prescribed  in  such  laws,  except 
as  otherwise  in  this  chapter  provided. 

1617.  The  powers  and  duties  of  Trustees  of  school  dis- 
tricts, and  of  Boards  of  Education  in  cities,  are  as  follows  : 

Firxt — To  prescribe  and  enforce  rules,  not  inconsistent 
with  law  or  tliose  prescribed  by  the  State  Board  of  Edu- 
cation,   for   their   own   government    and    government   of 


162  SCHOOL    LAW. 

schools,  and  to  transact  their  business  at  regular  or  special 
meetings  called  for  such  purpose,  notice  of  which  shall  be 
given  each  member. 

Second — To  manage  and  control  the  school  property 
within  their  districts,  and  to  pay  all  moneys  collected  by 
them,  from  any  source  whatever,  for  school  purposes,  into 
the  County  Treasury,  to  be  placed  to  the  credit  of  the 
special  fund  of  tlieir  districts. 

Third — To  purchase  text-books  of  the  State  series  for 
the  use  of  pupils  whose  parents  are  unable  to  purchase 
them;  school  furniture,  including  organs  and  pianos,  and 
apparatus  and  such  other  things  as  may  be  necessary  for 
the  use  of  schools ;  provided,  that,  except  in  incorporated 
cities  having  Boards  of  Education,  they  purchase  such 
books  and  apparatus  only  as  have  been  adopted  by  the 
County  Board  of  Education. 

Fourth — To  rent,  furnish,  repair,  and  insure  the  school 
property  of  their  respective  districts. 

Fifth  —When  directed  by  a  vote  of  their  district,  to  build 
school  houses  or  to  purchase  or  sell  school  lots. 

Sixth — To  make,  in  the  name  of  the  district,  conveyances 
on  all  property  belonging  to  the  district,  and  sold  l)y  them. 

Seventh. — To  employ  the  teachers,  and  excepting  in  in- 
corporated cities  having  Boards  of  Education,  immediately 
notify  the  Superintendent  of  Schools,  in  writing,  of  such 
employment,  naming  the  grade  of  certificate  held  by  the 
teachers  employed;  also,  to  employ  janitors  and  other  em- 
ployes of  tlie  schools;  to  fix  and  order  paid  their  compen- 
.sation,  unless  the  same  l)e  otherwise  prescribed  by  law; 
provided,  that  no  Board  of  Trustees  shall  enter  into  any 
contract  with  such  employes  to  extend  beyond  the  thir- 
tieth day  of  June  next  ensuing. 

Eifjhth — To  suspend  and  expel  pupils  for  misconduct. 

Ninth — To  exclude  from  .schools  cliildren  under  six 
years  of  age;  provided,  that  in  cities  and  towns  in  which 
the  kindergarten  has  l)een  adopted,  or  may  hereafter  be 
adopted,  as  a  part  of  the  public  primary  schools,  children 
may  be  admitted  to  such  kindergarten  classes  at  the  age 
of  four  years. 

Tenth — To  enforce  in  schools  the  course  of  study  and 
the  use  of  text-l)ooks  prescribed  and  adopted  by  the 
proper  autb<trity. 


SCHOOL  LA^v.  163 

Eleventh— To  apjioint  District  Librarians,  and  enforce 
the  rules  prescribed  for  the  government  of  district  li- 
braries. 

Twelfth — To  exclude  from  school  and  school  libraries 
all  books,  publications,  or  papers  of  a  sectarian,  jjartisan, 
or  denominational  character. 

Thirteenth — To  furnish  books  for  the  children  of  parents 
unable  to  purchase  them;  the  books  so  furnished  to  be- 
long to  the  school  district,  and  to  ha  kept  in  the  district 
school  library  when  not  in  use. 

Fourteenth — To  keep  a  register,  open  to  the  inspection 
of  the  public,  of  all  children  applying  for  admission  and 
entitled  to  be  admitted  into  the  puljlic  schools,  and  to 
notify  the  parents  or  guardians  of  such  children  when  va- 
cancies occur,  and  receive  such  children  into  the  schools 
in  the  order  in  which  they  are  registered. 

Fifteenth — To  permit  children  from  other  districts  to 
attend  the  schools  of  their  district  only  upon  the  consent 
of  the  Trustees  of  the  district  in  which  such  children  re- 
side; provided,  that  should  tlie  Trustees  of  the  district  in 
which  children,  whose  parents  or  guardians  desire  them  to 
attend  in  other  districts,  reside,  refuse  to  grant  their  con- 
sent, the  parents  or  guardians  of  such  children  may  ap- 
XJeal  to  the  County  Superintendent,  and  his  decision  shall 
be  final. 

Sixteenth — On  or  before  the  first  day  of  April  in  each 
year  to  appoint  a  School  Census  Marshal,  and  notify  the 
Superintendent  of  Schools  thereof;  provided,  that  in  any 
city,  or  city  and  county,  the  appointment  of  all  School 
Census  Marshals  shall  be  subject  to  the  approval  of  the 
City  Superintendent  of  Schools. 

Seventeenth — To  make  an  annual  report,  on  or  before  the 
first  day  of  July,  to  the  Superintendent  of  Schools,  in  the 
manner  and  form,  and  on  the  blanks  prescribed  l>y  the 
Superintendent  of  Public  Instruction. 

Eir/hteenth — To  make  a  report,  whenever  required,  di- 
rectly to  the  Superintendent  of  Public  Instruction,  of  the 
text-books  used  in  their  schools. 

Nineteenth — To  visit  every  school  in  their  district  at 
least  once  in  each  term,  and  examine  carefully  into  its 
management,  condition,  and  wants.  This  clause  to  apply 
to  each  and  every  memlaer  of  the  Board  of  Trustees. 


164  SCHOOL    LAW. 

Twentieth— Ho&r da  of  Tinistees  may,  and  upon  a  petition 
signed  by  a  majority  of  the  heads  of  families  resident  in 
the  district,  as  shown  by  the  last  preceding  school  census, 
must  call  meetings  of  the  qualitied  electors  of  the  district 
for  determining  or  changing  the  location  of  the  school- 
house,  or  for  consultation  in  regard  to  any  litigation  in 
which  the  district  may  be  engaged,  or  be  likely  to  become 
engaged,  or  in  regard  to  any  affairs  of  the  district.  Such 
meetings  shall  be  called  by  posting  three  notices  in  public 
places,  one  of  which  shall  be  in  a  conspicuous  place  on  the 
school-house,  for  not  less  than  ten  days  previous  to  the 
time  for  which  the  meeting  shall  be  called,  which  notices 
shall  specify  the  purposes  for  which  said  meeting  shall  be 
called;  and  no  other  business  shall  be  transacted  at  such 
meetings.  District  meetings  shall  be  organized  by  choos- 
ing a  Chairman  from  the  electors  present,  and  the  District 
Clerk  shall  be  Clerk  of  the  meeting,  and  shall  enter  the 
minutes  thereof  on  the  records  of  the  district.  A  meeting 
so  called  shall  be  competent  to  instruct  the  Board  of 
Trustees : 

1.  In  regard  to  the  location  or  change  of  location  of  the 
school-house,  or  the  use  of  the  same  for  other  than  school 
purposes;  i)7'ovided,  that  in  no  case  shall  the  school-house 
be  used  for  purposes  which  necessitate  the  removal  of  any 
school  desks,  or  other  school  furniture. 

2.  In  regard  to  the  sale  and  purchase  of  school  sites. 

3.  In  regard  to  prosecuting,  settling,  or  compromising 
any  litigation  in  which  the  district  may  be  engaged,  or  be 
likely  to  become  engaged,  and  may  vote  money,  not  ex- 
ceeding one  lumdred  dollars  in  any  one  year,  for  any  of 
these  purposes,  in  addition  to  any  amount  whicli  may  be 
raised  by  the  sale  of  district  school  property,  and  the  in- 
surance of  property  destroyed  by  fire;  provided,  that  the 
proceeds  of  the  insurance  of  the  library  and  apparatus 
shall  be  paid  into  the  Library  Fund.  All  funds  raised  by 
the  sale  of  school  pr(»perty  may  be  disposed  of  by  direc- 
tion of  a  district  meeting.  District  meetings  may  be  ad- 
journed from  time  to  time,  as  found  necessary,  and  all 
votes  instructing  the  Board  of  Trustees  sliall  be  taken  by 
l)allot,  or  by  ayes  and  noes  vote,  as  the  meeting  may  de- 
termine. The  Board  of  Trustees  shall,  in  all  cases,  be 
Ijound  by  the  instru<.'tions  of  tlie  district  meeting  in  re- 
gard tt»  the  subjects  mentioned  in  this  section;  provided, 


SCIIOOK    I, AW.  J  (35 

that  the  vote  in  favor  of  changing  the  h>cation  of  the 
school-house  shall  be  two-thirds  of  all  the  electors  voting 
at  said  meeting  upon  the  proposition  to  change  the  loca- 
tion. 

it)  19.  First — The  Boards  of  School  Trustees  and  City 
Boards  of  Education  must  maintain  all  the  schools  estab- 
lished by  them  for  an  equal  length  of  time  during  the 
year,  and,  as  far  as  practicable,  with  equal  rights  and 
privileges. 

Second — When  in  any  district  it  is  necessary  for  the 
convenience  of  the  residents  of  said  district  that  the  school 
therein  should  be  maintained  a  part  of  the  year  in  one 
portion  of  the  district,  and  a  part  of  the  year  in  another 
portion  of  the  district,  the  aggregate  of  the  time  the  school 
has  been  maintained  in  the  ditferent  portions  of  the  dis- 
trict shall  be  considered  in  estimating  the  time  for  which 
a  school  has  been  maintained  in  tlie  district  during  the 
school  year. 

1620.  Writing  and  drawing  paper,  pens,  inks,  black- 
boards, blackboard  rubbers,  crayons,  and  lead  and  slate 
pencils,  and  other  necessary  supplies  for  the  use  of  the 
schools,  must  be  furnished  under  the  direction  of  the  City 
Boards  of  Education  and  Boards  of  School  Trustees,  and 
charges  therefor  must  be  audited  and  paid  as  other  claims 
against  the  County  School  Fund  of  their  districts  are 
audited  and  paid. 

1621.  The  Boards  of  School  Trustees  and  City  Boards 
of  Education  must  use  the  school  moneys  received  from 
the  State  and  county  apportionments  exclusively  for  the 
support  of  schools  for  that  school  year,  until  at  least  an 
eight  months'  school  has  been  maintained.  If  at  the  end 
of  any  year  during  which  an  eight  months'  school  has 
been  maintained  there  is  an  unexpended  balance,  it  may 
be  used  for  the  payment  of  claims  against  the  district  out- 
standing, or  it  may  be  used  for  the  year  succeeding.  Any 
balance  remaining  on  hand  at  the  end  of  any  school  year 
in  which  school  has  not  been  maintained  eight  months, 
shall  be  reapportioned  by  the  Superintendent  of  Schools 
as  other  moneys  are  apportioned;  provided,  that  if  a  dis- 
trict has  been  prevented  from  maintaining  a  school  for 
eight  months  in  any  year  in  consequence  of  lire,  flood, 
prevailing  epidemic,  or  other  cause,  which  may,  upon  in- 
vestigation by  the  Superintendent  of  the  county,  be  de- 


166  SCHOOL    LAW. 

termiued  to  be  a  good  and    sutticient  one,   said   balance 
shall  not  be  reapportioned. 

1G22.  Boards  of  Trustees  may  use  the  county  school 
moneys  for  any  of  the  purposes  authorized  by  this  chap- 
ter; but  all  State  school  moneys  must  be  applied  ex- 
clusively to  the  payment  of  teachers  of  primary  and  gram- 
mar schools. 

1623.  Boards  of  Trustees  are  liable  as  such,  in  the  name 
of  the  district,  for  any  judgment  against  the  district  for 
salary  due  any  teacher  on  contract,  and  for  all  debts  con- 
tracted under  the  provisions  of  this  chapter,  and  they 
must  pay  such  judgment  or  liabilities  out  of  the  school 
moneys  to  the  credit  of  such  district;  provided,  that  the 
contracts  mentioned  in  this  section  are  not  in  excess  of 
the  school  moneys  accruing  to  the  district  for  the  school 
year  for  which  the  contracts  are  made,  otherwise  the  dis- 
trict shall  not  be  held  liable. 

1624.  If  any  Board  of  Trustees,  or  City  Board  of  Edu- 
cation, fail  to  appoint  a  Census  Marshal  at  the  proper 
time,  and  through  such  failure  the  district  is  omitted  in 
the  apportionment  of  school  moneys,  the  Trustees  or  mem- 
bers of  the  City  Board  of  Education  are  jointly  and  sev- 
erally personally  liable  to  the  district  for  the  full  amount 
which  the  district  would  have  received  but  for  such  fail- 
iire;  and  the  amount  may  be  recovered  in  an  action 
brought  by  any  citizen  of  such  district  or  city  in  the 
name  of  and  for  the  benefit  of  the  district  or  city. 

ARTICLE  VIII. 

DISTRICT   CENSUS   MARSHALS. 

1634.  It  is  the  duty  of  the  Census  Marshal: 

First— To  take  annually,  between  the  fifteenth  and 
thirtieth  days  of  April,  inchisive,  a  census  of  all  children, 
including  the  children  of  Indian  parents  who  pay  taxes, 
or  who  are  not  living  in  the  tribal  relation,  under  seven- 
teen years  of  age,  who  were  residents  of  his  district' on 
said  fifteentli  day  of  April. 

Second — To  report  the  results  of  his  labors  to  the  Super- 
intendent of  Schools  (or  to  the  Board  of  Education,  in 
cities),  on  or  before  the  tenth  day  of  May  in  each  year. 

Third — He  sliall  visit  each  habitation,  home,  residence, 


SCHOOL    LAW.  167 

domicile,  or  place  of  abode  in  his  district,  and  by  actual 
observation  and  interrogation,  enumerate  the  census  chil- 
dren of  the  same. 

Fourth — Before  entering  upon  the  discharge  of  his  duties 
as  such,  the  Census  Marshal  must  (qualify  and  file  his  oath 
of  office  in  the  office  of  the  Superintendent  of  Schools. 

1635.  Whenever  a  district  is  formed  lying  partly  in  two 
adjoining  counties,  the  Census  Marshal  must  report  to 
each  County  Superintendent  the  number  of  children  in 
each  county: 

1  G\\Q.  His  report  must  be  made  under  oath,  upon  blanks 
furnished  by  the  Superintendent  of  Public  Instruction, 
and  must  show: 

First — The  number,  age,  sex,  color,  and  nationality  of 
the  children  listed. 

Second — The  names  of  the  parents  or  guardians  of  said 
children,  arranged  alphabetically,  except  in  cities  of  the 
first  class.  In  all  cities  the  number  and  street  of  resi- 
dence must  be  given. 

Third — Such  other  facts  as  the  Superintendent  of  Public 
Instruction  may  designate. 

Fourth— The  Census  Marshal  shall  have  power  to  ad- 
minister oaths  to  parents  and  guardians. 

Fifth — If  at  any  time  the  Superintendent  of  Schools  has 
reason  to  believe  that  a  correct  census  of  the  district  has 
not  been  taken,  he  must  have  it  corrected,  and,  if  neces- 
sary for  the  purpose,  he  may  appoint  a  Census  Marshal, 
and  have  the  census  of  the  district  retaken.  Should  the 
Board  of  Education  or  Board  of  School  Trustees  of  said 
city  or  district  refuse  to  issue  an  order  for  the  compensa- 
tion of  said  Marshal  for  his  services,  the  Superintendent 
is  hereby  authorized  to  issue  his  requisition  therefor 
against  the  County  Fund  of  such  city  or  district  without 
such  order. 

1637.  He  must  include  in  his  report  all  children  who 
are  absent  attending  institutions  of  learning,  and  whose 
parents  or  guardians  are  residents  of  the  district;  he  must 
also  include  as  census  children  the  children  of  Indian 
parents  who  pay  taxes,  and  of  Indian  parents  who  are  not 
living  in  the  tribal  relation;  he  must  also  include  all  or- 
phan children  absent  from  the  district  in  orphan  asylums, 
whose  guardians  reside  in  the  district,  and  every  half 
orplian    absent   in   asylums,    whose    surviving   parent    or 


168  SCHOOL    LAW. 

guardian  resides  in  the  district;  he  must  also  include  all 
native  born  Chinese  children. 

1638.  He  must  not  include  in  his  report  children  who 
are  attending  institutions  of  learning,  or  such  benevolent 
institutions  as  deaf  and  dumb,  blind,  and  orphan  asylums 
in  his  district,  whose  parents  or  guardians  do  not  reside 
therein. 

1639.  The  compensation  of  Census  Marshal  must  be 
audited  and  paid  as  other  claims  upon  the  School  Fund  of 
the  district  are  audited  and  paid;  provided,  such  compen- 
sation shall  not  exceed  six  dollars  per  day  for  time  ac- 
tually and  necessarily  employed;  and  piovided  further, 
that  in  no  case  shall  the  compensation  be  computed  at  a 
per  capita  sum;  nor  shall  any  order  for  siich  compensation 
be  drawn  by  the  Trustees  of  any  district,  or  by  any  Board 
of  Education,  until  they  shall  have  been  notified  by  the 
Superintendent  that  the  report  of  the  Census  Marshal  has 
been  approved  Ijy  him.  In  case  the  report  should  not  be 
approved  by  the  Superintendent,  the  Census  Marshal  shall 
not  be  entitled  to  receive  any  compensation. 

1640.  If  the  Census  Marshal  neglect  or  refuse  to  make 
his  report  at  the  time  or  in  the  manner  herein  required, 
and  to  perform  any  other  duty  devolved  upon  him,  he 
must  be  ileemed  guilty  of  a  misdemeanor,  and  on  convic- 
tion 1)0  punished  Ijy  fine  or  imprisonment. 

ARTICLE  IX. 

CLERKS   OF   SCHOOL    DISTRICTS. 

1649.  Boards  of  Trvistees  nuist,  annually,  on  the  first 
Saturday  of  July,  meet  and  elect  one  of  their  number 
Clerk  of  the  district;  and  if  a  Clerk  be  not  elected  at  this 
date,  the  Superintendent  shall  appoint, 

1650.  It  is  tlie  duty  of  the  Clerk: 

First — To  call  meetings  of  the  Board  at  the  request  of 
two  meml)ers,  and  to  act  as  Clerk  of  the  Board,  and  keep 
a  record  of  its  proceedings,  and  an  accurate  account  of  the 
receipts  and  expenditures  of  school  moneys. 

Second— '^]lo  keep  his  records  and  accounts  open  to  the 
inspection  of  the  electors  of  the  district,  in  suitable  books 
provided  l>y  the  Board  of  School  Trustees  for  that  purpose. 

Third —)l<)  [)lacc  the  montldy  journal  designated  as  the 


SCHOOL    LAW.  160 

official  organ  of  the  Department  of  Public  Instruction  in 
the  school  district  library  each  month;  and  if  he  fails  to 
receive  it  regularly,  to  immediately  notify  the  publishers 
of  such  fact. 

Fotirlh— To  perform  such  other  duties  as  may  be  pre- 
scribed by  the  Board. 

1051.  The  Clerk  of  each  district  must,  under  the  direc- 
tion of  the  Board  of  Trustees,  provide  all  school  supplies 
authorized  by  this  chapter,  keep  the  school-house  in  repair 
during  the  time  school  is  taught  therein,  and  exercise  a 
general  care  and  supervision  over  the  school  premises  and 
school  property  during  the  vacations  of  the  school. 

ARTICLE   X. 

SCHOOLS. 

1662.  Every  school,  unless  otherwise  provided  by  law, 
must  be  open  for  the  admission  of  all  children  between 
six  and  twenty-one  years  of  age  residing  in  the  district, 
and  the  Board  of  .School  Trustees,  or  City  Board  of  Edu- 
cation, have  power  to  admit  adults  and  children  not  re- 
siding in  the  district,  whenever  good  reasons  exist  there- 
for. Trustees  shall  have  the  power  to  exclude  children  of 
filthy  or  vicious  habits,  or  children  suffering  from  con- 
tagious or  infectious  diseases,  and  also  to  establish  sepa- 
rate schools  for  Indian  children  and  for  children  of  Mon- 
golian or  Chinese  descent.  When  such  separate  schools 
are  established,  Indian,  Chinese,  or  Mongolian  children 
must  not  l)e  admitted  into  any  other  school;  provided, 
that  in  cities  and  towns  in  which  the  kindergarten  has 
been  adopted,  or  may  hereafter  be  adopted,  as  part  of  the 
public  primary  schools,  children  may  be  admitted  to  such 
kindergarten  classes  at  the  age  of  four  years. 

1063.  1.  All  schools,  unless  otherwise  provided  by  law, 
must  be  divided  into  primary  and  grammar  grades.  The 
County  Board  of  Education  must,  except  in  incorporated 
cities  having  Boards  of  Education,  on  or  before  the  first 
day  of  July,  prescribe  the  course  of  study  in  each  grade 
for  the  ensuing  year. 

2.  Except  in  incorporated  cities  having  Boards  of  Edu- 
cation, the  County  Board  of  Education  shall  require  that 
promotions,  upon  written  examinations  or  otherwise,  in 


170  SCHOOL    LAW. 

each  of  said  courses,  shall  take  place  at  stated  periods,  at 
least  once  in  each  school  year.  It  shall  also  provide  for 
conferring  diplomas  at  the  end  of  the  course  of  study  in 
the  grammar  grade  for  those  who  satisfactorily  pass  the 
required  examination. 

3.  The  County  Board  of  Education  may  amend  and 
change,  subject  to  section  sixteen  hundred  and  sixty-five, 
either  of  the  above  courses  of  study,  whenever  necessary. 

1664.  All  schools  must  be  taught  in  the  English  lan- 
guage. 

1665.  Instruction  must  be  given  in  the  following 
branches,  in  the  several  grades  in  which  each  may  be  re- 
quired, viz. :  Reading,  writing,  orthography,  arithmetic, 
geograj)hy,  grammar,  history  of  the  United  States,  ele- 
ments of  physiology  and  hygiene,  with  special  instruction 
as  to  the  nature  of  alcoholic  drinks  and  narcotics  and  their 
effects  upon  the  human  system;  vocal  music,  elementary 
bookkeeping,  industrial  drawing,  and  civil  government; 
provided,  that  instruction  in  physiology  and  hygiene,  ele- 
mentary bookkeeping  and  civil  government,  may  be  oral, 
no  text-books  in  these  subjects  being  required  to  be  pur- 
chased by  the  pupils;  provided  farther,  that  the  Board  of 
Education  of  any  county  may,  in  districts  having  less  than 
one  hundred  census  children,  confine  the  pupils  to  the 
studies  of  reading,  orthography,  arithmetic,  grammar, 
geography,  history,  penmanship,  and  elementary  book- 
keeping, until  they  have  a  practical  knowledge  of  these 
subjects. 

]  666.  Other  studies  may  be  authorized  by  the  Board  of 
Education  of  any  county,  city,  or  city  and  county;  but  no 
such  studies  shall  be  pursued  to  the  neglect  or  exclusion 
of  the  studies  in  the  preceding  section  specified. 

1667.  Instruction  must  be  given,  in  all  grades  of  school 
and  in  all  classes  during  the  entire  school  course,  in  man- 
ners and  morals,  and  upon  the  nature  of  alcoholic  drinks 
and  narcotics  and  their  effects  upon  the  human  system. 

1668.  Attcntiozi  nuist  be  given  to  such  physical  exer- 
cises for  the  pupils  as  may  be  conducive  to  health  and 
vigor  of  body,  as  m'cII  as  mind,  and  to  the  ventilation  and 
temperature  of  school-rooms. 

1672.  No  publication  of  a  sectai'ian,  partisan,  or  de- 
nominational character  must  be  used  or  distributed  in  any 
scliool,  or  1)(!  iMa(l(!  a  part  of  any  scliool  liljrary;  nor  must 


Sf!HOOl,    LAW.  171 

any  .sectarian  or  dciioniiuatioiial  doctrine  bo  taught  therein. 
Any  school  district,  town,  or  city,  the  officers  of  which 
knowingly  allow  any  schools  to  be  taught  in  violation  of 
these  provisions,  forfeits  all  right  to  any  State  or  county 
apportionment  of  school  moneys;  and  upon  satisfactory 
evidence  of  such  violation,  the  Superintendent  of  Public 
Instruction  and  School  Superintendent  must  withhold 
l>oth  State  and  county  apportionments. 

1G73.  No  school  must  be  continued  in  session  more  than 
six  hours  a  day;  and  no  pupil  under  eight  years  of  age 
must  be  kept  in  school  more  than  four  hours  per  day. 
Any  violation  of  the  provisions  of  this  section  must  be 
treated  in  the  same  manner  as  a  violation  of  the  provisions 
of  the  preceding  section. 

ARTICLE  XI. 

PUPILS. 

1683.  Pupils  must  be  admitted  into  the  schools  in  the 
order  in  which  they  apply  to  be  registered. 

1684.  All  pupils  must  comply  with  the  regulations,  pur- 
sue the  required  course  of  study,  and  submit  to  the  au- 
thority of  the  teachers  of  said  schools. 

1685.  Continued  willful  disobedience  or  open  defiance 
of  the  authority  of  the  teacher  constitutes  good  cause  for 
expulsion  from  school,  and  habitual  profanity  and  vul- 
garity good  cause  for  suspension  from  school. 

1686.  Any  pupil  who  cuts,  defaces,  or  otherwise  injures 
any  school-house,  fences,  or  outbuildings  thereof,  is  liable 
to  suspension  or  expulsion;  and  on  the  complaint  of  the 
teacher  or  Trustees,  the  parents  or  guardians  of  such  pu- 
pils shall  be  liable  for  all  damages. 

1687.  In  all  schools  having  more  than  two  teachers,  be- 
ginners shall  be  taught  by  teachers  w^ho  have  had  at  least 
two  years'  experience,  or  by  Normal  School  graduates; 
and  in  cities  such  teachers  shall  rank,  in  point  of  salary, 
with  those  of  the  assistant  teachers  in  the  highest  grade 
in  the  (Irammar  Schools;  and  in  no  case  shall  Boards  of 
Education  or  Boards  of  School  Trustees  draw^  orders  for 
the  salary  of  any  teacher  in  violation  of  this  provision, 
nor  shall  any  Superintendent  draw  any  requisition  for  the 
salary  of  any  teacher  in  violation  thereof. 


172  SCHOOL    LAW. 

ARTICLE  XII. 

TEACHERS. 

1696.  Every  teacher  in  the  public  schools  must: 

First — Before  assuming  charge  of  a  school,  file  his  or  her 
certificate  with  the  Superintendent  of  Schools;  jyj'ovided, 
that  when  any  teacher  so  employed  is  the  holder  of  a  Cali- 
fornia State  Normal  School  diploma,  accompanied  by  the 
certificate  of  the  State  Board  of  Education,  as  provided  in 
subdivision  third,  of  section  one  thousand  five  hundred 
and  three,  of  the  Political  Code,  an  Educational  or  a  Life 
Diploma  of  California,  iipon  presentation  thereof  to  the 
Superintendent  he  shall  record  the  name  of  said  holder  in 
a  book  provided  for  that  purpose  in  his  office,  and  the 
holder  of  said  diploma  shall  thereupon  be  absolved  from 
the  provisions  of  this  subdivision. 

Second — Before  taking  charge  of  a  school,  and  one  week 
before  closing  a  term  of  school,  notify  the  County  Super- 
intendent of  such  fact,  naming  the  day  of  opening  or 
closing.  Boards  of  Education  and  Boards  of  School 
Trustees  must  in  every  case  give  to  the  teacher  a  notice 
of  at  least  two  weeks  of  their  intention  to  close  the  term 
of  school  under  their  charge.  No  Superintendent  shall 
draw  any  requisition  for  the  last  month's  salary  of  any 
teacher  until  said  teacher  has  filed  with  him  the  notice 
required  by  this  subdivision. 

Tlurd — Enforce  the  course  of  stiidy,  the  use  of  the  le- 
gally authorized  text-books,  and  the  rules  and  regulations 
prescril)ed  for  schools. 

Fourth — Hold  pupils  to  a  strict  account  for  their  con- 
duct on  the  way  to  or  from  school,  on  the  playgrounds,  or 
during  recess;  suspend,  for  good  cause,  any  pupil  from  the 
school,  and  report  such  suspension  to  the  Board  of  School 
Trustees  or  City  Board  of  Education  for  review.  If  such 
action  is  not  sustained  by  them,  the  teacher  may  appeal 
to  the  County  Superintendent,  whose  decision  shall  be 
final. 

Fifth — To  keep  a  State  School  Register,  in  which  shall 
be  left  at  the  close  of  the  term,  a  report  showing  pro- 
gramme of  recitations,  classification,  and  grading  of  all 
pupils  who  have  attended  school  at  any  time  during  the 
school  year.  The  Superintendent  shall  in  no  case  draw  a 
requisition  in   favor  of  the  teacher  until  the  teacher  has 


SCHOOL   LAW.  178 

filed  with  him  a  certificate  from  the  Clerk  of  the  Board  of 
School  Trustees  to  the  effect  that  the  provisions  of  this 
subdivision  have  been  complied  with. 

Sixth — Make  an  annual  report  to  the  County  Superin- 
tendent at  the  time  and  in  the  manner  and  on  the  blanks 
prescribed  by  the  Superintendent  of  Public  Instruction. 
Any  teacher  who  shall  end  any  school  term  before  the 
close  of  the  school  year,  shall  make  a  report  to  the  County 
Superintendent  immediately  after  the  close  of  such  term ; 
and  any  teacher  who  may  be  teaching  any  school  at  the 
end  of  the  school  year,  shall,  in  his  or  her  annual  report, 
include  all  statistics  for  the  entire  school  year,  notwith- 
standing any  previous  report  for  a  part  of  the  year.  The 
Superintendent  of  Schools  shall  in  no  case  draw  a  requisi- 
tion for  the  salary  of  any  teacher  for  the  last  month  of 
the  school  term  until  the  report  required  by  this  subdi- 
vision has  been  filed  and  by  him  approved. 

Seventh — Make  such  other  reports  as  may  be  required 
by  the  Superintendent  of  Public  Instruction,  County  Su- 
perintendent, Board  of  School  Trustees,  or  City  Board  of 
Education. 

1697.  A  school  month  is  construed  and  taken  to  be 
twenty  school  days,  or  four  weeks  of  five  school  days  each. 

1098,  In  case  of  the  dismissal  of  any  teacher  before  the 
expiration  of  any  oral  or  written  contract  entered  into  be- 
tween such  teacher  and  the  Board  of  Trustees,  for  alleged 
unfitness  or  incompetence,  or  violation  of  rules,  the  teacher 
may  appeal  to  the  School  Superintendent;  and  if  the  Su- 
perintendent decides  that  the  removal  was  made  without 
good  cause,  the  teacher  so  removed  must  be  reinstated, 
and  shall  be  entitled  to  compensation  for  the  time  lost 
during  the  pending  of  the  appeal. 

1699.  First — Any  teacher  whose  salary  is  withheld  may 
appeal  to  the  Superintendent  of  Public  Instruction,  who 
shall  thereupon  require  the  Superintendent  of  Schools  to 
investigate  the  matter  and  present  the  facts  thereof  to 
him.  The  judgment  of  the  Superintendent  of  Public  In- 
struction shall  be  final;  and  upon  receiving  it  the  Super- 
intendent of  Schools,  if  the  judgment  is  in  favor  of  the 
teacher,  shall,  in  case  the  Trustees  refuse  to  issue  an  order 
for  said  withlield  salary,  is.^ue  his  requisition  in  favor  of 
said  teacher. 


174  SCHOOL    LAW. 

Second — Should  any  teacher  employed  Ijy  a  Board  of 
School  Trustees  for  a  specified  time,  leave  the  school  be- 
fore the  expiration  of  such  time,  without  the  consent  of 
the  Trustees,  in  writing,  said  teacher  shall  be  deemed 
guilty  of  unprofessional  conduct,  ii,nd  the  Board  of  Educa- 
tion of  the  county  are  authorized,  i;pon  receiving  notice  of 
such  fact,  to  suspend  the  certificate  of  such  teacher  for  the 
period  of  one  year.  Should  said  teacher  be  the  holder  of 
an  Educational  or  a  Life  Diploma,  the  Superintendent  of 
Schools  shall  report  the  delinquency  of  the  teacher  to  the 
State  Board  of  Education,  who  are  thereupon  authorized 
to  suspend  said  diploma  for  the  period  of  one  year. 

1700.  No  warrant  must  be  draM'ii  in  favor  of  any  teacher 
unless  the  officer  whose  duty  it  is  to  draw  such  warrant 
is  satisfied  that  the  teacher  has  faithfully  performed  all 
the  duties  prescribed  in  section  one  thoiisand  six  hundred 
and  ninety-six. 

1701.  No  requisition  for  a  warrant  shall  be  drawn  in 
favor  of  any  teacher,  unless  such  teacher  is  the  holder  of 
a  proper  certificate,  in  force  for  the  full  time  for  which  the 
requisition  is  drawn,  nor  unless  he  was  employed  by  the 
Board  of  Trustees,  or  City  Board  of  Education,  or  l)y  the 
Superintendent  of  Schools,  as  provided  in  section  one 
thousand  five  hundred  and  forty-five. 

1702.  It  shall  be  the  duty  of  all  teachers  to  endeavor  to 
impress  upon  the  minds  of  the  pupils  the  principles  of 
morality,  truth,  justice,  and  patriotism;  to  teach  them  to 
avoid  idleness,  profanity,  and  falsehood;  and  to  instruct 
them  in  the  principles  of  a  free  government,  and  to  train 
them  up  to  a  true  comprehension  of  the  rights,  duties,  and 
dignitj'  of  American  citizenship. 

1704.  No  person  is  eligible  to  teach  in  any  public  school 
in  this  State,  or  to  receive  a  certificate  to  teach,  who  has 
not  attained  the  age  of  eighteen  years. 

ARTICLE  XIII. 

DLSTRICT   LIBRARIES. 

1712.  First — The  Board  of  School  Trustees  and  the  City 
Board  of  Education  in  any  city  must  expend  the  Library 
Fund,  together  with  such  moneys  as  may  be  added  thereto 
by  donation,  in  the  purchase  of  school  apparatus  and  books 


SCHOOL    LAW.  175 

for  a  school  library,  including  books  for  supplementary 
work,  and  no  warrant  shall  l^c  drawn  by  the  Superin- 
tendent of  Schools  upon  the  order  of  any  Board  of  Trustees 
against  the  Library  Fund  of  any  district  unless  such  order 
is  accompanied  by  an  itemized  bill,  showing  the  books  and 
apparatus,  and  the  price  of  each,  in  payment  of  which  the 
order  is  drawn,  and  unless  such  books  and  apparatus  have 
l)een  adopted  by  the  County,  or  City,  or  City  and  County 
Board  of  Education;  all  orders  of  the  Trustees  and  of 
Boards  of  Education  for  Ijooks  or  apparatus  must  in  every 
case  be  submitted  to  the  Superintendent  of  Schools  of  the 
county,  or  city,  or  city  and  county,  respectively,  for  his 
approval,  before  said  books  or  apjjaratus  shall  be  pur- 
chased. 

Second — The  Trustees  of  each  district  shall  cause  each 
book  now  in  their  District  School  Library,  or  that  may 
hereafter  be  placed  in  said  library,  to  be  stamped  on  the 
tiy  leaf,  on  the  title  page,  and  on  each  one  hundredth  page 
of  the  book,  wath  the  words  "  Department  of  Public  In- 
struction, State  of  California,  County,  Dis- 
trict Library,"  and  the  County  Superintendent  is  hereby 
aiithorized  and  instructed  to  procure  such  stamp  for  each 
district  in  his  county,  and  to  pay  for  the  same  out  of  the 
County  School  Fund  of  such  district. 

1713.  Except  in  cities  not  divided  into  school  districts, 
the  Library  Fund  shall  consist  of  not  less  than  five  nor 
more  than  ten  per  cent,  of  the  County  School  Fund  an- 
nually apportioned  to  the  district;  provided,  that  should 
ten  per  cent,  exceed  fifty  dollars,  fifty  dollars  only  shall 
be  apportioned  to  the  district;  and -provided  further,  that 
the  School  Trustees  of  each  district  in  the  county  shall,  in 
the  month  of  July  in  each  year,  notify  the  Superintendent 
of  the  county  as  to  what  amount  they  desire  to  be  appor- 
tioned for  their  respective  districts  for  the  j^ear. 

1714.  In  cities  not  divided  into  school  districts,  the  Li- 
brary Fund  shall  consist  of  a  sum  not  to  exceed  fifty  dol- 
lars for  every  one  thousand  children  or  fraction  thereof  of 
five  hundred  or  more,  between  the  ages  of  five  and  seven- 
teen years,  annually  taken  from  the  City  or  County  School 
Fund  apportioned  to  the  city.  The  Superintendent  shall 
apportion  the  Library  Fund  in  cities  not  divided  into  dis- 
tricts among  the  several  schools  in  proportion  to  the  aver- 
age number  of  children  belonging  to  each  school. 


176  SCHOOL    LAW. 

1715.  Libraries  are  under  the  coutrol  of  the  Board  of 
Trustees  or  City  Board  of  Education,  and  must  be  kept, 
when  practicable,  in  the  school-houses. 

1716.  The  library  is  free  to  all  pupils  of  a  suitable  age 
belonging  to  the  school;  and  any  resident  of  the  district 
may  Ijecome  entitled  to  its  privileges  by  the  payment  of 
such  a  sum  of  money  for  life  membership,  or  such  annual 
or  monthly  fee  as  may  be  prescribed  by  the  Trustees. 

1717.  The  Trustees  shall  be  held  accountable  for  the 
proper  care  and  preservation  of  the  library,  and  shall  have 
power  to  assess  and  collect  all  fines,  penalties,  and  fees  of 
membership,  and  to  make  all  needful  rules  and  regulations 
not  provided  for  by  the  State  Board  of  Education,  and  not 
inconsistent  therewith;  and  they  shall  report  annually  to 
the  County  Superintendent  all  library  statistics  which  may 
be  required  by  the  blanks  furnished  for  the  purpose  by  the 
Superintendent  of  Public  Instruction. 

ARTICLE  XVI. 

COUNTY  BOARDS  OF  EDUCATION. 

1768.  Fir  fit — Except  in  any  city  and  county,  there  shall 
be  a  County  Board  of  Education,  which  shall  consist  of 
the  County  Superintendent  of  Schools  and  of  four  other 
members,  appointed  by  the  Board  of  Supervisors  of  the 
county. 

Second — Of  the  members  appointed  by  the  Board  of  Su- 
pervisors at  least  two  shall  always  be  experienced  teach- 
ers, holding  not  lower  than  grammar  grade  certificates  in 
full  force  and  effect. 

lliird — At  their  last  regular  meeting  preceding  the  first 
day  of  July,  in  the  year  eighteen  hundred  and  ninety- 
three,  the  Board  of  Supervisors  shall  appoint  two  mem- 
bers, at  least  one  of  whom  shall  be  an  experienced  teacher, 
to  serve  on  said  Board  of  Education  for  the  period  of  one 
year;  and  also  two  persons,  at  least  one  of  whom  shall  be 
an  experienced  teaclier,  to  serve  on  said  Board  of  Educa- 
eation  for  the  period  of  two  years;  and  thereafter,  each 
and  every  year,  the  Board  of  Supervisors,  at  the  last  regu- 
lar meeting  preceding  tlic  first  day  of  July,  shall  appoint 
two  persons,  at  least  one  of  whom  shall  be  an  experienced 
teaclier,  to  sei'\ c  on  said  lioard  of  Edncatioii  foi- tl\(!  ])erio(l 
of  two  years. 


.-(.'IIOOL    LAW.  177 

Fuurth — If  the  Board  of  Supervisors  of  any  county  re- 
fuse or  neglect  to  appoint  members  of  the  County  Board 
of  Education,  as  provided  in  subdivision  three  of  this  sec- 
tion, it  shall  ])e  the  duty  of  the  County  Superintendent  to 
appoint  them.  Should  a  vacancy  occur  at  any  time  in  the 
County  Board  of  Education,  it  shall  be  the  duty  of  the 
Board  of  Supervisors  to  appoint  a  party  to  till  such  va- 
cancy. 

Fifth — The  members  of  the  "County  Board  of  Education, 
elected  or  appointed,  shall  qualify  within  ten  days  after 
receiving  notice  of  their  election  or  appointment. 

Sixth — The  ('ounty  Board  of  Education  shall  organize  on 
the  tirst  meeting  subsequent  to  the  first  day  of  July  in 
each  year,  by  electing  one  of  their  number  President  of 
the  Board.  The  County  Superintendent  shall  be  ex  officio 
Secretary  of  the  Board. 

i*ievent/i — For  the  transaction  of  business  three  members 
shall  constitute  a  quorum;  but  no  teacher's  certificate  shall 
be  issued,  renewed,  or  revoked,  nor  shall  any  books  or  ap- 
paratus be  adopted,  except  by  an  affirmative  vote  of  at 
least  three  members  of  the  Board.  On  the  call  of  any 
member,  the  ayes  and  nays  shall  be  taken  upon  any  propo- 
sition, and  the  vote  shall  be  recorded  in  the  minutes  of  the 
Board. 

1769.  The  Superintendent  of  Schools  shall  be  ex  officio 
Secretary  of  the  County  Board  of  Education.  The  Board 
shall  elect  one  of  their  members  President. 

1770.  First — Each  County  Board  of  Education  shall 
meet  semi-annually,  at  such  time  as  they  may  determine. 
Special  meetings  may  be  called  by  the  Superintendent 
whenever  in  his  judgment  the  exigencies  of  the  schools 
may  require  them  to  be  held.  Upon  the  request  of  any 
three  members,  m  writing,  the  Superintendent  shall  call 
a  special  meeting.  Notice  of  all  semi-annual  meetings 
shall  be  given  by  the  Secretary  at  laast  ten  days  prior  to 
the  time  of  meeting;  and  no  business  shall  be  transacted 
at  a  special  meeting,  except  as  provided  in  subdivision 
second  of  this  section,  other  than  such  as  may  be  specified 
in  the  call  of  the  Secretary. 

Second — Examination  of  applicants  for  teachers'  certifi- 
cates shall  be  held  only  at  the  semi-annual  meetings  of  the 
Board.  Certificates  upon  credentials  may  be  granted,  and 
certificates  may  be  renewed  at  any  meeting  of  the  Board. 


178  s(;jiooL  LAW. 

Tkml—The  Board  of  .Supervisors  shall  allow  to  each 
member  of  the  County  Board  of  Education  a  compensation 
of  five  dollars  per  day  for  his  services,  and  the  same  rate 
of  mileage  as  is  allowed  to  the  members  of  the  Board  of 
Supervisors  of  the  county.  The  Secretary  shall  be  al- 
lowed the  sum  of  five  dollars  per  day  for  the  actual  time 
that  the  Board  inay  be  in  session;  said  compensation  of 
the  members  of  the  Board,  and  of  the  Superintendent, 
shall  be  payable  out  of  the  same  fund  and  in  the  same 
manner  as  the  salary  of  the  Superintendent  of  Schools  is 
paid. 

Fourth — All  expenses  for  printing  required  by  the 
County  Board  of  Education,  and  all  incidental  expenses 
incurred  for  stationery  or  other  purposes  in  the  perform- 
ance of  their  duties,  shall  be  audited  and  paid  as  other 
claims  against  the  General  Fund  of  the  county  are  paid. 

1771.  County  Boards  of  Education  have  power: 

Fli\st — To  adopt  rules  and  regulations,  not  inconsistent 
with  the  laws  of  this  State,  for  their  own  government. 

Second — To  prescribe  and  enforce  rules  for  the  exami- 
nation of  teachers. 

Third — To  examine  applicants,  and  to  prescribe  a  stand- 
ard ot  proficiency  which  will  entitle  the  person  examined 
to  a  certificate,  and  to  grant  certificates  of  three  grades, 
valid  throughout  the  county,  except  as  provided  in  section 
seventeen  hundred  and  seventy-five,  as  follows: 

1.  High  School;  valid  for  six  years,  authorizing  the 
holder  to  teach  in  any  high  school,  grammar  grade,  or 
primary  school;  provided,  that  holders  of  grammar  school 
course  certificates  shall  be  entitled  to  receive  high  school 
certificates  in  lieu  thereof. 

2.  (irammar  Grade;  valid  for  six  years,  authorizing  the 
holder  to  teach  any  grammar  grade  or  primary  school. 

3.  Primary;  valid  for  two  years,  authorizing  the  holder 
to  teach  any  primary'school. 

Also,  to  grant  special  certificates,  valid  for  six  years, 
which  shall  entitle  the  holder  to  teach  such  special 
branches  as  may  be  required  by  City  or  County  Boards 
of  Education. 

Fourth — To  prescribe  and  enforce  the  use  of  a  uniform 
series  of  text-books,  and  a  course  of  study  in  the  public 
schools,  and  to  adopt  a  list  of  books  and  apparatus  for  dis- 
trict school  libraries. 


SCHOOL    LAW.  179 

Fifth — To  revoke  or  suspend,  for  immoral  or  unprofes- 
sional conduct,  or  evident  unfitness  for  teaching,  the  cer- 
tificates granted  by  them. 

Sixth — To  keep  a  record  of  its  proceedings. 

Seventh — To  issue  diplomas  of  graduation  from  any  of 
the  public  schools  of  the  county,  except  in  incorporated 
cities  having  Boards  of  Education,  whicli  diplomas  shall 
be  designed  by  the  Superintendent  of  Public  Instruction, 
and  distributed  as  other  blanks  from  his  office.  Diplomas 
shall  be  issued  only  to  pupils  who  have  passed  an  exami- 
nation prescribed  by  the  County  Board  of  Education. 
Such  diplomas  shall  be  signed  by  the  President  and  Sec- 
retary of  the  County  Board,  and  by  the  Principal  of  the 
school, 

EujJdh — To  adopt  and  use,  in  autlientication  of  its  acts, 
an  official  seal;  and  to  have  such  printing  done  as  may  be 
necessary  in  the  discharge  of  their  duties. 

Ninth — All  examination  papers  for  teachers'  certificates 
shall  be  kept  on  file  in  the  office  of  the  Superintendent  of 
Schools  for  at  least  one  year,  and  shall  be  open  for  the  in- 
spection of  applicants  or  their  authorized  agents. 

1772.  Except  as  provided  in  section  seventeen  hundred 
and  seventy-five,  certificates  shall  be  granted  only  to  those 
who  have  passed  a  satisfactory  examination  in  all  the 
studies  prescribed  by  the  County  Board  of  Education; 
provided,  that  applicants  for  primary  county  certificates 
shall  be  required  to  pass  an  examination  only  in  arith- 
metic, grammar,  geography,  composition,  history  of  the 
United  States,  orthography,  defining,  penmanship,  read- 
ing, methods  of  teaching,  school  law,  industrial  drawing, 
physiology,  civil  government,  elementary  bookkeeping, 
and  vocal  music. 

1778.  All  examinations  shall  be  in  writing,  in  answer  to 
questions  formulated  by  the  Board  of  Education.  The 
said  Board  shall  also  examine  all  applicants,  orally,  touch- 
ing the  questions  asked  and  such  other  matters  in  con- 
nection therewith  as  shall  have  a  tendency  to  demonstrate 
the  fitness  of  the  applicant  to  assume  the  duties  of  teacher. 
The  said  Board  shall  ask  questions  of  practical  utility, 
with  a  view  of  ascertaining  the  knowledge  and  ability  of 
the  applicant.     All  examinations  shall  l)e  public. 

1774.  The  standing  of  each  applicant  in  each  study,  and 
in  the  class,  must  be  indorsed  on  the  back  of  each  certifi- 


180  .SCHOOL    LAW. 

cate  issued  upon  examination,  otherwise  it  is  not  a  valid 
certificate. 

1775.  First — The  Board  may  also,  without  examination, 
grant  county  certiHcates  of  either  the  grammar  or  the  pri- 
mai-y  gra<le,  to  the  holders  of  life  diplomas  of  other  States; 
Nevada,  Oregon,  and  Washington  State  educational  di- 
plomas; San  Francisco  Normal  class  diplomas,  when 
recommended  l)y  the  Superintendent  of  Public  Schools  of 
said  city;  California  State  Universit}'  diplomas,  when 
recommended  by  the  Faculty  of  the  University;  State 
Normal  School  diplomas  of  other  States;  grammar  grade 
certificates  of  any  county,  city,  or  city  and  county  of  Cali- 
fornia; and  county  certificates  of  the  high  school  grade  to 
holders  of  California  State  University  diplomas,  when 
recommended  by  the  Faculty  of  the  University;  and  to 
graduates  of  any  other  institution  in  the  United  States 
which  the  State  Board  of  Education  of  this  State  shall 
have  recommended  as  being  of  the  same  rank  as  the  State 
University  of  California,  when  the  diploma  of  graduation 
from  said  institution  shall  be  accompanied  by  a  recom- 
mendation from  the  Faculty  thereof,  showing  that  the 
holder  of  the  diploma  has  had  academic  and  professional 
training  eciuivalent  to  that  required  })y  the  State  Uni- 
versity. The  general  conditions  on  which  such  recom- 
mendations may  be  accepted  l)y  the  County  Boards  of 
Education  as  fulfilling  these  requirements,  shall  he  pre- 
scribed by  the  State  Board  of  Education. 

/S'ecow-tZ- -Whenever  any  holder  of  a  diploma  from  the 
State  University  shall  present  to  the  State  Board  of  Edu- 
cation satisfactory  evidence  of  having  had  two  years'  suc- 
cessful experience  as  a  teaclier  siibsequent  to  graduation, 
accompanied  by  a  recommendation  from  the  Faculty  of 
the  State  University,  showing  that  said  graduate  has  com- 
pleted the  prescribed  course  of  the  I'edagogical  Depart- 
ment of  the  State  University,  the  State  Board  of  Educa- 
tion shall  grant  to  the  holder  of  said  University  diploma  a 
document  signed  b}-^  the  President  and  Secretary  of  the 
State  l^oard,  showing  such  fact,  and  the  said  diploma,  ac- 
companied hy  said  document  of  the  State  Boar(l  attached 
thereto,  shall  become  a  permanent  certificate  of  qualifica- 
tion to  teach  in  any  primary,  grammar,  or  high  school  in 
the  State,  valid  until  such  time  as  the  said  document  shall 
be  revoked  by  .said  State   Hoard  of   Education,  for  any  of 


Sf'UOOL    LAW.  181 

the  causes  shown  in  subdivision  four  of  section  one  thou- 
sand seven  hundred  and  ninety-one. 

Third — The  Board  may,  without  examination,  renew 
unexpired  certificates  previously  granted  by  said  Board; 
such  renewed  certificates  to  remain  valid  for  the  same 
length  of  time  for  which  new  certificates  may  be  granted; 
and  the  grammar  grade  and  primary  certificates  issued  or 
renewed  by  the  County  Board  of  Education  shall  entitle 
the  holders  thereof  to  teach  in  any  city  or  district  school 
in  the  county,  in  grades  corresponding  to  the  grades  of 
their  certificates;  provided,  that  in  cities  having  special 
departments  in  their  schools,  holdeis  of  credentials  men- 
tioned above  may  be  examined  by  the  City  Board  of  Ex- 
amination in  the  special  studies  of  such  departments. 
County  Boards  of  Education  may  issue,  upon  proper  ex- 
amination or  credentials,  special  certificates  in  any  special 
branches  taught  in  the  schools  of  the  county.  All  certifi- 
cates must  be  issued  upon  the  l)lank  forms  prepared  for 
the  purpose  by  the  Superintendent  of  Public  Instruction. 

1776.  Any  member  of  a  County  Board  of  Education  or 
of  a  City  Board  of  Examination  who  shall,  except  in  the 
regular  course  of  study  in  the  public  schools,  teach 
any  classes  where  pupils  are  given  special  instruction  to 
prepare  them  for  passing  examination  to  obtain  teachers' 
certificates,  or  who  shall  give  special  instruction  to  any 
person  preparing  for  examination  to  obtain  a  teacher's  cer- 
tificate, shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  his  office  shall  be  declared  va- 
cant. No  certificate  shall  be  issued  to  any  applicant  who 
has  received  special  instruction,  when  preparing  for  exami- 
nation, from  any  meml^er  of  a  County  Board  of  Education, 
or  of  a  City  Board  of  Examination. 

ARTICLE   XYII. 

CITY    BOARDS    OF    EXAMINATION. 

1787.  In  every  city,  or  city  and  county  of  the  first, 
second,  or  third  class,  having  a  Board  of  Education,  there 
may  be  a  City  Board  of  Examination. 

1788.  Each  City  Board  of  Examination  shall  consist  of 
the  City  Superintendent  of  Schools,  and  four  other  mem- 
bers, residents  oP  such  city,  all  of  whom  shall   be  experi- 


182  SCHOOL   LAW. 

enced  teachers,  elected   by  the  City  Board  of  Education, 
and  holding  office  for  two  years. 

1789.  The  City  Superintendent  of  Schools  is  Chairman 
of  the  City  Board  of  Examination. 

1790.  The  City  Board  of  Examination  must  meet  and 
hold  examinations  for  the  granting  of  teachers'  certificates 
semi-annually,  at  such  times  as  they  may  determine. 
They  may  also  hold  monthly  meetings  for  the  transaction 
of  such  business  as  may  come  before  them.  Special  meet- 
ings may  be  called  by  the  City  Superintendent  when  in 
his  judgment  the  same  are  necessary;  and  on  the  request 
in  writing  of  any  three  members  of  the  Board,  the  City 
Superintendent  shall  call  a  special  meeting.  No  business 
shall  be  transacted  at  any  special  meeting  except  sixch  as 
is  indicated  in  the  call  therefor;  and  of  all  special  meet- 
ings due  notice  shall  be  given  to  each  member  of  the 
Board.  The  place  of  meeting  shall  be  designated  by  the 
Chairman.  All  meetings  of  the  City  Board  of  Examination 
shall  be  public,  and  the  record  of  their  proceedings  shall 
be  kept  in  the  office  of  the  City  Siiperintendentof  Schools. 

1791.  Each  City  Board  of  Examination  has  power: 
First — To  adopt  rules  and  regulations,  not  inconsistent 

with  the  laws  of  this  State,  for  its  own  government  and 
for  the  examination  of  teachers. 

Second — To  examine  applicants,  and  to  prescribe  a 
standard  of  proticicncy  which  will  entitle  the  person  ex- 
amined to  receive:  (1)  a  high  school  certificate,  valid  for 
six  years,  and  authorizing  the  holder  to  teach  any  pi'i- 
mary,  grammar,  or  high  school  in  such  city;  (2)  a  city  cer- 
tificate, grammar  grade,  valid  for  six  years,  authorizing 
the  holder  to  teach  any  primary  or  grammar  school  in  such 
city;  (.S)  a  city  certificate,  primary  grade,  valid  for  two 
years,  authorizitig  the  holder  to  teach  any  primary  school 
in  such  city.  They  shall  re]X)rt  the  result  of  the  exami- 
nation to  the  City  Board  of  Education;  and  said  Board  of 
Education  shall  tiiereupon  issue  to  the  successful  candi- 
dates the  certilicates  to  which  the}'  shall  be  entitled. 

Third — To  recommend  applicants  for  special  certilicates, 
valid  for  a  period  not  to  exceed  six  years,  upon  such 
special  studies  as  may  be  authorized  by  the  City  Board  of 
Education  of  such  city. 

Foiir/h  l^'or  immoral  or  unprofessional  conduct,  pro- 
fanity, int('M>i)i'raiicc,  oi'  evident  untituivss  for  teaching,  to 


SCHOOL  hwv.  183 

reconimeiul  to  the  City  Board  of  Eilucatiou  the  revocation 
of  any  certificates  previously  granted  by  said  Board  of 
Education  in  such  city,  or  city  and  county. 

171)-.  City  or  City  and  County  Boards  of  Examination 
may  also  recommend  the  granting  of  city  certificates,  and 
the  renewal  thereof,  in  the  manner  provided  for  the  grant- 
ing and  renewal  of  county  certificates  by  the  County  Board 
of  Education  in  section  one  thousand  seven  hundred  and 
seventy-five  of  this  Code. 

1793.  The  holders  of  city  certificates  are  eligible  to  teach 
in  the  cities  in  which  such  certificates  were  granted,  in 
schools  of  grades  corresponding  to  the  grades  of  such  cer- 
tificates, and  when  elected  shall  be  dismissed  only  for  in- 
subordination or  other  causes,  as  inentioned  in  section 
seventeen  hundred  and  ninety-one  of  this  Act,  duly  ascer- 
tained and  approved  by  the  Board  of  Education  of  said 
cities;  and  City  Superintendents  of  Public  Schools,  elected 
by  City  Boards  of  Education,  shall  be  elected  for  a  term  of 
four  years;  and  said  City  Boards  of  Education  shall  have 
full  power  to  fix  the  salary  of  all  employes.  The  holders  of 
special  city  certificates  are  eligible  to  teach  the  special 
studies  mentioned  in  their  certificates  in  all  the  schools  in 
the  city  in  which  such  certificates  were  granted. 

1794,  The  members  of  the  City  Board  of  Examination 
shall  receive  such  compensation  as  may  be  allowed  them 
by  the  City  Board  of  Education,  payable  out  of  the  City 
School  Fund. 

ARTICLE   XVIII. 

COUNTY   SCHOOL   TAX. 

1817.  The  County  Superintendent  of  each  county  hav- 
ing a  population  of  less  than  two  hundred  thousand  in- 
ha])itants  must,  on  or  before  the  first  regular  meeting  of 
the  Boai-d  of  Supervisors,  in  September  in  each  year,  fur- 
nish the  Supervisors  and  the  Auditor,  respectively,  an  es- 
timate, in  writing,  of  tlie  minimum  amount  of  County 
School  Fund  needed  for  the  ensuing  year.  This  amount 
he  must  compute  as  follows: 

First — He  must  ascertain,  in  the  manner  provided  for  in 
subdivisions  one  and  two  of  section  eighteen  hundred  and 
fifty-eight,  the  total  number  of  teachers  for  the  county. 

Second — He  must  calculate  the  amount  required  to  be 


184  SCHOOL    LAW. 

raised  at  Hve  hundred  dollars  per  teacher.  From  this 
amount  he  must  deduct  the  total  amount  of  State  appor- 
tionment, and  the  remainder  shall  be  the  minimum  amount 
of  County  School  Fund  needed  for  the  ensuing  year;  pro- 
vided,  that  if  this  amount  is  less  than  sufficient  to  raise  a 
sum  equal  to  six  dollars  for  each  census  child  in  the  county, 
then  the  minimum  amount  shall  be  such  sum  as  will  be 
equal  to  six  dollars  for  each  census  child  in  the  county. 

1818.  The  Board  of  Supervisors  of  each  county  having 
less  than  one  hundred  thousand  inhabitants  must,  an- 
nually, at  the  time  of  levying  other  county  taxes,  levy  a 
tax,  to  be  known  as  the  county  school  tax,  the  maximum 
rate  of  which  must  not  exceed  fifty  cents  on  each  one 
hundred  dollars  of  taxable  property  in  the  county,  nor  the 
minimum  rate  be  less  than  sufficient  to  raise  a  minimum 
amount  reported  by  the  County  Superintendent,  in  ac- 
cordance with  the  provisions  of  the  preceding  section.  The 
Supervisors  must  determine  the  minimum  rate  of  the 
county  school  tax  as  follows:  They  must  deduct  fifteen 
per  cent,  from  tlie  equalized  value  of  the  last  general  as- 
sessment roll,  and  tlie  amount  required  to  l)e  raised,  di- 
vided by  the  remainder  of  the  assessment  roll,  is  the  rate 
to  be  levied;  but  if  any  fraction  of  a  cent  occur,  it  must  be 
taken  as  a  full  cent  on  each  one  hundred  dollars. 

1819.  If  the  Supervisors  fail  to  levy  the  tax  as  herein 
provided,  then  the  Auditor  must,  and  add  it  to  the  assess- 
ment roll. 

1820.  All  moneys  derived  from  this  tax  in  each  county 
must  be  paid  into  the  treasury  thereof,  to  the  credit  of  the 
School  Fund. 

ARTICLE   XIX. 

DISTRICT   SCHOOL   TAX. 

1830.  The  Board  of  School  Trustees  of  any  district  may, 
prior  to  the  fifteenth  day  of  August  in  any  year,  when  in 
their  judgment  it  is  advisal)le,  call  an  election,  and  sub- 
mit to  the  electors  of  the  district  the  (luestion  whether  a 
tax  shall  l)e  raised  to  furnish  additional  school  facilities  for 
the  district,  or  to  maiutaiiv  any  school  in  such  district,  or 
for  building  one  or  more  school-houses,  or  for  any  two  or 
all  of  these  purposes;  pruvldad^  that  wliere  a  tax  has  been 
collected  for  the  purpose  of  building  a  sciiool-house,  and 


SCHOOL    LAW.  185 

the  erection  of  said  school-house  shall  not  have  been  com- 
menced within  two  years  from  the  time  said  tax  was  col- 
lected, the  custodian  of  said  money  shall  return  the  same 
to  the  parties  from  whom  said  tax  was  collected. 

1S81.  Such  election  must  be  called  ])y  posting  notices  in 
three  of  the  most  public  places  in  the  district,  for  twenty 
days,  and  also,  if  there  is  a  newspaper  in  the  county,  by 
advertising  therein  once  a  week  for  three  weeks. 

1832.  Such  notices  must  specify  the  time  and  place  of 
holding  the  election,  the  amount  of  money  proposed  to  be 
raised,  and  the  purj)Ose  for  which  it  is  intended  to  be  used. 

1883.  The  election  shall  be  conducted  in  conformity  to 
the  provisions  of  sections  one  thousand  Hve  hundre<l  and 
ninety-six,  one  thousand  five  hundred  and  ninety-seven, 
one  thousand  five  hundred  and  ninety-eight,  one  thousand 
five  hundred  and  ninety-nine,  one  thousand  six  hundred, 
and  one  thousand  six  hundred  and  one  of  the  Political 
Code;  provided,  that  no  particular  form  of  ballot  shall  be 
required,  nor  shall  any  informalities  in  conducting  such 
election  invalidate  the  same,  if  the  election  shall  have  been 
otherwise  fairly  conducted. 

1834.  At  such  elections  the  ballots  must  contain  the 
words  "Tax — Yes,"  or  "Tax — No." 

1835.  If  a  majority  of  the  votes  cast  upon  the  question 
of  the  tax  levy  are  "Tax — Yes,"  the  officers  of  the  elec- 
tion must  certify  the  fact  to  the  Board  of  School  Trustees. 

1836.  The  Board  of  School  Trustees,  upon  receipt  of  a 
certificate  of  such  fact,  must  report  the  same  to  the  Board 
of  Supervisors,  stating  the  amount  of  money  to  be  raised. 

1837.  The  Board  of  Supervisors  must,  at  the  time  of 
levying  the  county  taxes,  levy  a  tax  upon  all  taxable  prop- 
ertj^  in  the  district  voting  such  tax  sufficient  to  raise  the 
amount  voted.  The  rate  of  taxation  shall  be  ascertained 
by  deducting  fifteen  per  cent,  for  anticipated  delinquencies 
from  the  aggregate  assessed  value  of  the  property  in  the 
district,  as  it  appears  on  the  assessment  roll  of  the  county, 
and  then  dividing  the  sum  voted  by  the  remainder  of  such 
aggregate  assessed  value.  The  taxes  so  levied  shall  be 
computed  and  entered  on  the  assessment  roll  by  the 
County  Auditor,  and  collected  at  the  same  time  and  in 
the  same  manner  as  State  and  county  taxes;  and  when 
collected  shall  be  paid  into  the  count}'  treasury  for  the  use 
of  the  district  in   which  the  tax  was  voted. 


186  SCHOOL    LAW, 

1839.  The  maximum  rate  of  tax  levied  by  a  district  tax 
in  any  one  year  for  building  purposes  must  not  exceed 
seventy  cents  on  each  hundred  dollars,  and  the  maximum 
rate  levied  for  other  school  purposes  must  not  exceed 
thirty  cents  on  each  hundred  dollars  for  any  one  year. 

ARTICLE   XX. 

GKXERAL    PROVLSIONS     RELATIVE    TO     SCHOOL     FUNDS     AND 
TAXES. 

1857.  No  Assessor,  Tax  Collector,  City,  City  and 
County,  or  County  Treasurer  must  charge  or  receive  any 
fees  or  compensation  whatever  for  assessing,  collecting, 
receiving,  keeping,  or  disbursing  any  school  moneys,  but 
the  whole  moneys  collected  must  be  paid  to  the  City,  City 
and  County,  or  County  Treasurer;  provided,  that  said  As- 
sessor or  Tax  Collector,  for  services  rendered  in  the  col- 
lection of  poll  taxes,  shall  receive  the  sum  of  fifteen  per 
cent,  of  the  collections. 

1858.  All  State  school  moneys  apportioned  by  the  Super- 
intendent of  Public  Instruction  must  be  apportioned  to  the 
several  counties  in  proportion  to  the  number  of  school 
census  children,  as  sliown  by  the  returns  of  the  School 
Census  Marshals  of  the  preceding  school  year;  provided, 
that  Indian  children  wliose  parents  are  on  Government 
reservations,  or  are  living  in  the  tribal  relation,  and  Mon- 
golian children  not  native  born,  shall  not  be  included  in 
the  apportionment  list.  The  School  Superintendent  in 
each  county  must  apportion  all  State  and  county  school 
moneys  as  follows: 

First— He.  nnist  ascertain  the  number  of  teachers  each 
district  is  entitled  to  by  calculating  one  teacher  for  every 
seventy  school  census  children,  or  fraction  thereof,  not  less 
than  twenty  school  census  children,  as  shown  by  the  next 
preceding  school  census;  provided,  that  all  children  in  any 
asylum  and  not  attending  the  public  schools,  of  whom  the 
authorities  of  said  asylum  are  the  guardians,  shall  not  be 
included  in  making  the  estimate  of  the  number  of  teachers 
to  which  the  district  in  which  the  asylum  is  located  is  en- 
titled. 

Second — He  must  ascertain  the  total  number  of  teachers 
for  the  county,  l)y  adding  together  the  number  of  teachers 
assigned  to  the  several  (listricts. 


SCHOOL   LAW.  187 

Third — Five  hundred  dollars  shall  be  apportioned  to 
each  district  for  every  teacher  assigned  to  it ;  provided, 
that  to  districts  having  ten  and  less  than  twenty  school 
census  children,  shall  l)e  apportioned  four  hundred  dollars; 
provided  further,  that  to  districts  having  over  seventy 
school  census  children  and  a  fraction  of  less  than  twenty, 
there  shall  be  apportioned  twenty  dollars  for  each  census 
child  in  said  fraction. 

FourUi — All  school  money  remaining  on  hand  after  ap- 
portioning to  the  districts  the  moneys  provided  for  in 
subdivision  three  of  this  section,  must  be  apportioned  to 
the  several  districts  in  proportion  to  the  average  daily 
attendance  in  each  district  during  the  preceding  school 
year.  Census  children,  wherever  mentioned  in  this  chap- 
ter, shall  be  construed  to  mean  those  between  the  ages  of 
five  and  seventeen  years. 

Fifth — Whenever  in  any  school  year,  prior  to  the  receipt 
by  the  counties,  cities,  or  cities  and  counties  of  this  State, 
of  their  State,  county,  or  city  school  fund,  the  school  dis- 
tricts or  cities  shall  not  have  sufficient  money  to  their 
credit  to  pay  the  lawful  demands  against  them,  the 
■County,  City,  or  City  and  County  Superintendent  shall 
give  the  Ti-easurer  of  said  county,  city,  or  city  and  county, 
an  estimate  of  the  amount  of  school  monej'^  that  will  next 
be  paid  into  the  County,  City,  or  City  and  County  Treas- 
ury, stating  the  amount  to  be  apportioned  to  each  district. 
Upon  the  receipt  of  such  estimate,  it  shall  be  the  duty  of 
the  Treasurer  of  said  county,  city,  or  city  and  county,  to 
transfer,  from  any  fund  not  immediately  needed  to  pay 
claims  against  it,  to  the  proper  School  Fund,  an  amount 
not  to  exceed  ninety  per  cent  of  the  amount  estimated  by 
the  Superintendent,  and  he  shall  immediatelj'-  notify  the 
Superintendent  of  the  amount  so  transferred.  The  funds 
so  transferred  to  the  School  Fund  shall  be  re-transferred 
by  the  Treasurer  to  the  fund  from  which  they  were  taken, 
from  the  first  money  paid  into  the  School  Fund  after  the 
transfer. 

1859.  No  school  district,  except  one  newly  formed,  is 
entitled  to  receive  any  apportionment  of  State  or  county 
j  school  moneys  which  has  not  maintained  a  public  school 
for  at  least  six  months  during  the  next  preceding  school 
year.     A  district  which  is  prevented  by  fire,  flood,  or  pre- 


188  ♦  SCtlOOL    LAW. 

vailing  epidemic  from  maintaining  a  school  for  the  length 
of  time  designated  in  this  section,  is  nevertheless  entitled 
to  its  apportionment  of  State  and  county  school  moneys. 

1860.  No  school  district  is  entitled  to  receive  any  ap- 
portionment of  State  or  county  school  moneys  unless  the 
teachers  employed  in  the  schools  of  such  district  hold  legal 
certificates  of  fitness  for  teaching,  in  full  force  and  efltect. 

1861.  The  State  School  Fund  must  be  used  for  no  other 
purpose  than  the  payment  of  the  salaries  of  teachers  of 
primary  and  grammar  schools. 

ARTICLE  XXI. 

MISCELLANEOUS  PROVISIONS   RELATING  TO  PUBLIC   SCHOOLS. 

1867.  Any  parent,  guardian,  or  other  person  who  shall 
insult  or  abuse  any  teacher  in  the  presence  of  the  school 
shall  be  guilty  of  a  misdemeanor,  and  be  liable  to  a  fine 
of  not  less  tlian  ten  nor  exceeding  one  hundred  dollars. 

1868.  Any  person  who  shall  willfully  disturb  any  public 
school,  or  any  public  school  meeting,  shall  be  guilty  of  a 
misdemeanor,  and  liable  to  a  fine  of  not  less  than  ten  nor 
more  than  one  hundred  dollars. 

1869.  Any  State,  County,  or  City  and  County  Superin- 
tendent, or  any  Slate,  County,  or  City  and  County  Board 
of  Education,  who  shall  issue  a  certificate  or  diploma,  ex- 
cept as  provided  for  in  this  title,  shall  be  guilty  of  a  mis- 
demeanor. 

1870.  No  officer  named  in  this  title,  or  teacher  in  any 
public  school  held  under  the  provisions  of  this  title,  must 
act  as  agent  for  any  author,  publisiier,  bookseller,  or  otiier 
person,  to  introduce  any  book,  apparatus,  furniture,  or 
any  other  article  whatever,  in  the  common  schools  of  this 
State,  or  any  one  or  more  of  them,  or  directly  or  indirectly 
contract  for  or  receive  any  gift  or  reward  for  so  introduc- 
ing or  recommending  the  same  ;  and  any  officer  so  acting 
or  receiving  must  be  deemed  guilty  of  a  misdemeanor, 
and,  on  conviction,  be  punished  by  fine  or  imprisonment, 
and  be  removed  from  office. 

1871.  Certificates  shall  be  issued  to  such  persons  only 
as  shall  have  given  evidence  of  good  moral  character. 

1873.  Every  ofHcer,  including  Secretaries  and  Assistant 
Secretaries  of  Hoards  of  Education,  charged  with  the  per- 


SCHOOfi    LAW.  ISO 

foiinaiico  of  duties  under  the  provisions  of  this  chapter, 
may  administer  and  certify  oaths  relating  to  officers  or 
official  matters  concerning  public  schools. 

1874.  In  the  adoption  of  text-books,  all  County,  (vity, 
and  City  and  Coujity  Boards  of  Education  shall  be  governed 
by  the  following  rules  : 

Firat — Any  books  hereafter  adopted  as  a  part  of  a  uni- 
form series  of  text-books  must  be  continued  in  use  for  not 
less  than  four  years. 

Second — No  change  of  text-books  must  be  made  at  any 
other  time  than  in  the  months  of  May  or  June  of  the  year 
in  which  the  change  is  made,  and  no  changes  shall  be 
made  to  take  effect  till  the  beginning  of  the  school  term 
commencing  after  the  thirtieth  day  of  June  of  that  year  ; 
and  no  books  other  than  those  published  by  the  State 
shall  be  adopted  by  the  Board  of  Education  of  any  county, 
city,  city  and  county,  or  be  used  as  text-books  in  any  of 
the  public  schools  of  this  State  in  the  subjects  of  reading, 
orthography,  English  grammar,  arithmetic,  geography. 
United  States  history,  physiology,  and  civil  government. 

Third — At  least  sixty  days'  notice  of  any  proposed 
change  in  text-books  must  be  given  by  publication  in  a 
newspaper  of  general  circulation,  published  in  the  county, 
if  there  be  one,  in  which  such  change  is  to  be  made.  If 
there  be  no  newspaper  published  in  the  county,  then  such 
publication  shall  be  marie  in  any  newspaper  having  a  gen- 
eral circulation  in  the  county.  A  copy  of  the  newspaper 
containing  such  publication,  with  such  notice  marked, 
must,  imrnediately  after  the  first  publication  thereof,  be 
by  the  Secretary  of  the  Boiird  transmitted  to  the  State 
Board  of  I]ducation,  and  the  same,  when  received,  must 
be  tiled  by  the  Secretary  of  said  State  Board.  Said  notice 
shall  state  what  text-l)ooks  it  is  proposed  to  change  ;  that 
sealed  bids  or  proposals  will  be  received  by  the  Board  for 
furnishing  books  to  replace  them  ;  the  place  where  and 
the  day  and  hour  when  all  bids  or  proposals  will  be  opened, 
and  that  the  Board  reserves  the  right  to  reject  any  and 
all  bids  or  proposals.  Said  notice  shall  be  published  in 
such  newspaper  as  often  as  the  same  shall  be  issued  after 
the  first  publication  thereof. 

Fourth — At  the  time  and  place  specified  in  said  notice, 
the  Board  shall  meet  and  publicly  open  and  read  all  of  the 
bids  or  proposals  which  have  been  received  by  them,  and 


190  SCHOOL    LAW, 

shall  make  their  awards  thereou  withiu  ten  days  there- 
after. 

Fijth — Said  bids  or  proposals  must  be  accompanied  by 
sample  copies  of  the  books  proposed  to  be  furnished,  to- 
gether with  a  statement  of  the  wholesale,  and  retail  price 
at  which  the  publisher  agrees  to  furnish  each  book  within 
the  county,  or  at  San  Francisco,  during  the  full  time  for 
which  said  books  are  to  be  adopted. 

Sixth — If  no  satisfactory  bids  or  proposals  are  received, 
then  the  books  already  in  use  may  continue  in  use  until 
changed,  as  herein  provided. 

Seventh — The  publisher  or  publishers  whose  proposals 
shall  be  accepted,  must  enter  into  a  written  contract  with 
the  Board  of  Education  making  the  award,  and  shall  give 
a  good  and  sufficient  bond  in  a  reasonable  sum,  to  be  fixed 
by  the  Board  of  Education,  for  the  faithful  performance 
thereof.  Publishers  of  books  already  in  use  may  bid 
under  the  provisions  of  this  section  as  well  as  others,  and 
such  bids,  if  satisfactory,  may  be  accepted  by  the  Board. 

Eighth — High  schools  shall  be  exempt  from  the  provis- 
ions of  this  section. 

Ninth — Nothing  in  this  Act  shall  conflict  with  any  pro- 
vision of  law  relating  to  the  State  sei'ies  of  text-books  ; 
nor  shall  anything  be  construed  to  permit  the  adoption  of 
any  text-books  upon  any  subject  covered  by  the  State 
series  of  books. 

1875.  If  any  city  or  district  refuse  or  neglect  to  use  the 
books  that  may  be  prescribed,  or  use  any  other  text-books 
in  any  of  the  prescribed  studies,  the  Superintendent  of 
Public  Instruction  must  withhold  from  such  city,  town,  or 
district,  twenty-five  per  cent  of  all  State  school  moneys 
to  which  it  may  be  entitled,  until  it  comply  ;  and  any 
moneys  so  withheld  must  be  apportioned  by  the  Superin- 
tendent at  the  next  annual  apportionment,  in  the  same 
manner  as  other  school  moneys  in  tlie  treasury. 

1876.  No  School  Trustee  or  mem])er  of  any  Board  of 
Education  must  be  interested  in  any  contract  made  by  the 
Board  of  which  he  is  a  member  ;  and  any  contract  made 
in  violation  of  this  provision  is  void. 

1877.  All  printing  or  binding  required  under  this  chap- 
ter, except  as  provided  in  subdivision  eight  of  section  one 
thousand  seven  hundred  and  seventy-one,  must  be  exe- 
cuted by  the  State  Printer,  in  the  form  and  manner  and 


SCHOOL   LAW.  lOl 

at  the  prices  ot  other  State  printing,  and  be  paid  for  in 
like  manner. 

1878.  The  school  year  begins  on  the  first  day  of  July 
and  ends  on  the  last  day  of  June. 

1879.  The  offering  of  any  valuable  thing  to  any  member 
of  a  Board  of  Education  or  Board  of  School  Trustees,  with 
the  intent  thereby  to  influence  his  action  in  regard  to  the 
granting  of  any  teacher's  certificate,  the  appointment  of 
any  teacher,  Superintendent,  or  other  officer  or  employe, 
the  adoption  of  any  text-book,  or  the  making  of  any  con- 
tract to  which  the  Board  of  Education  of  which  he  is  a 
member  shall  be  a  party,  or  the  acceptance  by  any  mem- 
ber of  a  Board  of  Education  or  Board  of  School  Trustees 
of  any  valuable  thing,  with  corrupt  intent,  shall  be  a  mis- 
demeanor, punishable  as  by  law  provided.  Any  person 
may  be  compelled  to  testify  in  any  lawful  investigation  or 
judicial  proceeding  against  any  person  who  may  be  charged 
with  any  offense  described  in  this  section.  Any  contract 
or  appointment  obtained  from  a  Board  of  Education  or 
Board  of  School  Trustees  by  corrupt  means  shall  be  voicl. 

1880.  The  Board  of  Trustees  of  any  school  district  may, 
when  in  their  judgment  it  is  advisable,  and  must,  upon 
petition  of  a  majority  of  the  heads  of  families  residing  in 
the  district,  call  an  election  and  submit  to  the  electors  of 
the  district  whether  the  bonds  of  such  district  shall  be 
issued  and  sold  for  the  purpose  of  raising  money  for  pur- 
chasing school  lots,  for  building  or  purchasing  one  or  more 
school-houses,  for  insuring  the  same,  for  supplying  the 
same  with  furniture  and  necessary  apparatus,  for  improv- 
ing the  grounds,  and  for  liquidating  any  indebtedness 
already  incurred  for  said  purposes. 

1881.  Such  election  must  be  called  by  posting  notices, 
signed  by  the  Board,  in  three  of  the  most  public  places  in 
the  district,  for  not  less  than  twenty  days  before  the  elec- 
tion ;  and  if  there  is  a  newspaper  published  in  the  county, 
by  publishing  such  notice  therein  not  less  than  once  a 
week  for  three  successive  weeks. 

1882.  Such  notice  must  contain  : 

1.  The  time  and  place  of  holding  such  election. 

2.  The  names  of  the  Inspector  and  Judges  to  conduct 
the  same. 

3.  The  hours  during  the  day  in  which  the  polls  will  be 
open. 


192  SCHOOL   LAW. 

4.  The  amount  and  denomination  of  the  bonds,  the  rate 
of  intei'est,  and  the  number  of  years,  not  exceeding  ten, 
the  whole  or  any  part  of  said  bonds  are  to  run, 

1883.  Such  election  shall  be  conducted  in  conformity 
to  the  provisions  of  sections  one  thousand  five  hundred 
and  ninety-six,  one  thousand  five  hundred  and  ninety- 
seven,  one  thousand  five  hundred  and  ninety-eight,  one 
thousand  five  hundred  and  ninety-nine,  one  thousand  six 
hundred,  one  thousand  six  hu)idred  and  one,  and  one 
thousand  eight  liundred  and  thirty-four,  except  that  the 
words  to  appear  upon  the  ballots  shall  be  "  Bonds — Yes" 
or  "  Bonds — No." 

1884.  On  the  seventh  day  after  said  election,  at  one 
o'clock  p.  M.,  the  returns  having  been  made  to  the  Board 
of  Trustees,  the  Board  must  meet  and  canvass  said  returns, 
and  if  it  appears  that  tAvo  thirds  of  the  votes  cast  at  said 
election  was  in  favor  ot"  issuing  such  bonds,  then  the  Board 
shall  cause  an  entry  of  that  fact  to  be  made  upon  its  min- 
utes, and  shall  certify  to  the  Board  of  Supervisors  of  the 
county  all  the  proceedings  had  in  the  premises,  and  there- 
upon said  Board  of  Supervisors  shall  be  and  they  are 
hereby  authorized  and  directed  to  issue  the  bonds  of  such 
district,  to  the  number  and  amount  provided  in  such  pro- 
ceedings, payable  out  of  the  Building  Fund  of  such  dis- 
trict, naming  the  same,  and  that  the  money  shall  be  raised 
l)y  taxation  upon  the  taxable  property  in  said  district  for 
the  redemption  of  said  bonds,  and  the  payment  of  the  in- 
terest thereon  ;  provided,  that  the  total  amount  of  bonds 
so  issued  shall  not  exceed  five  per  cent  of  the  taxable 
property  of  the  district,  as  shown  by  the  last  equalized 
assessment  book  of  the  county. 

1885.  The  Board  of  Supervisors,  by  an  order  entered  upon 
its  minutes,  shall  prescribe  the  form  of  said  bonds,  and  of 
the  interest  coupons  attached  thereto,  and  must  fix  the 
time  M'hen  the  whole  or  any  part  of  the  principal  of  said 
bonds  shall  be  payable,  which  shall  not  be  more  than  ten 
years  from  the  date  thereof. 

1886.  Said  bonds  must  not  bear  a  greater  amount  of 
interest  tlian  eight  per  cent ;  said  interest  to  be  payable 
annually,  and  said  bonds  must  be  sold  in  the  manner  pre- 
scribed by  the  iioard  of  Supervisors,  l)ut  not  for  less  than 
]>ar,  and  the  ])i'ocet;ds  of  the  sale  thereof  must  be  deposited 
in  the  County  Treasury  to  the  credit  of  the  Building  Fund 


SCHOOL    LAW.  103 

of  said  school  district,  and  be  drawn  out  for  the  purpose 
aforesaid,  as  other  school  moneys  are  drawn  out. 

1887.  The  Board  of  Supervisors,  at  the  time  of  making 
the  levy  of  taxes  for  county  purposes,  must  levy  a  tax  for 
that  year  upon  the  taxable  property  in  such  district,  for 
the  interest  and  redemption  of  said  Vjonds,  and  such  tax 
must  not  be  less  than  sufficient  to  pay  the  interest  of  said 
l)onds  for  that  year,  and  such  poi'tion  of  the  principal  as 
is  to  become  due  during  such  year,  and  in  any  event  must 
be  high  enough  to  raise,  annually,  for  the  first  half  of  the 
term  said  bonds  have  to  run,  a  sufficient  sum  to  pay  the 
interest  thereon  ;  and  during  the  balance  of  the  term  high 
enough  to  pay  such  annual  interest,  and  to  pay,  annually, 
a  pi-oportion  of  the  principal  of  said  bonds  equal  to  a  sum 
produced  by  taking  the  whole  amount  of  said  bonds  out- 
standing and  dividing  it  by  the  number  of  years  said  bonds 
then  have  to  run  ;  and  all  moneys  so  levied  when  collected 
shall  be  paid  into  the  County  Treasury  to  the  credit  of 
the  Building  Fund  of  such  district,  and  be  used  for  the 
payment  of  principal  and  interest  on  said  bonds,  and  for 
no  other  purpose.  The  principal  and  interest  on  said 
bonds  shall  be  paid  by  the  County  Treasurer,  upon  tlie 
warrant  of  the  Auditor,  out  of  the  fund  provided  therefor; 
and  it  shall  be  the  duty  of  the  Auditor  to  cancel  and  tile 
with  the  Treasurer  the  bonds  and  coupons  as  rapidly  as 
they  are  paid. 

1888.  If  the  Board  of  {Supervisors  of  any  county  which 
has  issued  bonds  under  the  provisions  of  this  Act  shall  fail 
to  make  the  levy  necessary  to  pay  such  bonds  or  interest 
coupons  at  maturity,  and  the  same  shall  have  been  pre- 
sented to  the  County  Treasurer,  and  the  payment  thereof 
refused,  the  owner  may  file  the  bond,  together  with  all 
unpaid  coupons,  with  the  State  Controller,  taking  his 
receipt  therefor,  and  the  same  shall  be  registered  in  the 
State  Controller's  office  ;  and  the  State  Board  of  Equaliza- 
tion shall,  at  their  next  session,  and  at  each  annual  equal- 
ization thereafter,  add  to  the  State  tax  to  be  levied  in 
said  district,  a  sufficient  rate  to  realize  the  amount  of 
principal  or  interest  past  due  prior  to  next  levy,  and  the 
same  shall  be  levied  and  collected  as  a  part  of  the  State 
tax,  and  paid  into  the  State  Treasury,  and  passed  to  the 
special  credit  of  such  district  bond  tax,  and  shall  be  paid 
by  warrants,  as  the  payments   mature,  to  the  holder  of 


194  «CMOOL   LAW. 

such  registered  obligations  as  shown  by  the  register  in  the 
office  of  the  State  Controller,  until  the  same  shall  be  fully 
satisfied  and  discharged ;  any  balance  then  remaining 
being  passed  to  the  general  account  and  credit  of  said  dis- 
trict. 

18S9.  Whenever  any  bonds  issued  under  the  provisions 
of  this  title  shall  remain  unsold  for  the  period  of  six 
months  after  having  been  offered  for  sale  in  the  manner 
prescril)ed  by  the  Board  of  Supervisors,  the  Board  of 
Trustees  or  Board  of  Education  of  the  school  district  for 
or  on  account  of  which  such  bonds  were  issued,  or  of  any 
school  district  composed  wholly  or  partly  of  territory 
which,  at  the  time  of  holding  the  election  mentioned  in 
section  eighteen  hundred  and  eighty-three,  was  embraced 
within  the  district  for  or  on  account  of  which  such  bonds 
were  issued,  may  petition  the  Board  of  Supervisors  to 
cause  such  unsold  l3onds  to  be  withdrawn  from  market 
and  canceled.  Upon  receiving  such  petition,  signed  by  a 
majority  of  the  members  of  said  Board  of  Trustees  or 
Board  of  Education,  the  Supervisors  shall  fix  a  time  for 
hearing  the  same,  which  shall  not  be  more  than  thirty 
days  thereafter,  and  shall  cause  a  notice,  stating  the  time 
and  place  of  hearing,  and  the  object  of  the  petition,  in 
general  terms,  to  be  published  for  ten  days  prior  to  the 
day  of  hearing,  in  some  newspaper  published  in  said  school 
district,  if  there  is  one,  and  if  there  is  no  newspaper  pub- 
lished in  said  school  district,  then  in  a  newspaper  pub- 
lished at  the  county  seat  of  the  county  in  which  such 
school  or  some  part  thereof  is  situated.  At  the  time  and 
place  designated  in  the  notice  for  hearing  said  petition,  or 
at  any  subsequent  time  to  which  said  hearing  may  be  post- 
poned, the  Supervisors  shall  hear  any  reasons  that  may  be 
submitted  for  or  against  the  granting  of  the  petition,  and 
if  they  shall  deem  it  for  the  best  interests  of  the  school 
district  named  in  the  petition  that  such  unsold  bonds  be 
canceled,  tliey  shall  make  and  enter  an  order  in  the  min- 
utes of  their  proceedings  that  said  unsold  bonds  are  can- 
celed, and  thereupon  said  bonds,  anil  the  vote  by  which 
they  were  authorized  to  be  issued,  shall  cease  to  be  of  any 
\alidity  whatever. 


SCHOOL    LAW.  105 


LAWS  RELATING  TO   HIGH  SCHOOLS. 


1()G9.  High  schools  may  be  established  and  maintained 
in  the  manner  provided  in  sections  one  thousand  six  hun- 
dred and  seventy  and  one  thousand  six  hundred  and  sev- 
enty-one of  the  Political  Code. 

1670.  First — Any  city,  incorporated  town,  or  school  dis- 
trict having  a  population  of  one  thousand  inhabitants  or 
more,  may,  by  a  majority  vote  of  the  qualified  electors 
voting  at  the  election  held  for  the  purpose  of  determining 
the  establishment  and  maintenance  of  such  high  school, 
establish  and  maintain  a  high  school  at  the  expense  of  such 
city,  incorporated  town,  or  school  district. 

Second — Whenever  a  majority  of  the  heads  of  families, 
as  shown  by  the  last  preceding  school  census,  in  any  city, 
incorporated  town,  or  school  district,  having  one  thousand 
or  more  inhabitants,  shall  unite  in  a  petition  to  the  Board 
of  Education  or  Board  of  School  Trustees  of  said  city,  in- 
corporated town,  or  school  district,  for  the  establishing 
and  maintaining  of  a  high  school  therein,  said  Board  of 
Education  or  Board  of  School  Trustees  shall  petition  the 
County  Superintendent  of  Schools  to  call  an  election  in 
said  city,  incorporated  town,  or  school  district,  for  the  de- 
termination of  the  question. 

yViHY/— Within  twenty  days  after  receiving  said  petition 
from  said  Board  of  Education  or  Board  of  School  Trustees, 
the  County  Superintendent  of  Schools  shall  call  an  election 
therein  for  the  determination  of  the  question,  and  shall 
appoint  three  qualified  electors  thereof  to  conduct  said 
election.  Said  election  shall  be  called  by  posting  notice 
thereof  in  five  of  the  most  public  places  in  said  city,  in- 
corporated town,  or  school  district,  and  by  publication  in 
a  daily  or  weekly  paper  therein,  if  there  be  one,  for  not 
less  than  fifteen  days.  Said  election  shall  be  conducted  in 
the  manner  prescribed  for  conducting  school  elections. 
The  ballots  at  such  elections  shall  contain  the  words  "For 
High  School,"  and  the  voter  shall  write  or  print  after  saicl 


196  SCHOOL    LAW. 

words  on  his  ballot  the  word  "  Yes"  or  the  word  "No." 
It  shall  be  the  duty  of  said  election  officers  to  report  the 
result  of  said  election  to  the  County  Superintendent  of 
Schools  within  ten  days  subsequent  to  the  holding  thereof. 

Fourtk — When  a  majority  in  each  district,  as  shown  by 
the  last  preceding  school  census,  of  the  heads  of  families 
residing  in  two  or  more  school  districts  in  the  same  county 
shall  unite  in  a  petition  to  the  (bounty  Superintendent  of 
Schools  for  the  establishing  and  maintaining  of  a  union 
high  school  district,  he  siiall,  within  twenty  days  after  re- 
ceiving said  petition,  call  an  election  for  the  determination 
of  the  question,  and  shall  appoint  three  qualified  electors 
in  each  of  the  districts  petitioning  to  conduct  the  election 
therein.  Said  election  shall  be  held  separately  and  simul- 
taneously at  the  public  school-house  in  each  of  the  dis- 
tricts petitiouing,  and  shall  be  called  by  posting  notices 
thereof  in  three  of  the  most  public  places  in  each  district, 
one  of  which  places  shall  be  the  public  school-house  in 
each  district,  at  least  ten  days  before  said  election.  Said 
election  shall  be  conducted  by  the  officers  appointed  for 
that  purpose,  in  the  manner  provided  by  law  for  conduct- 
ing school  elections.  The  ballots  at  such  election  in  each 
district  shall  contain  the  words  "For  the  Union  High 
School,"  and  the  voter  shall  write  or  print  after  said  wonls 
on  his  ijallot  the  word  *'  Yes  "  or  the  word  "  No."  It  shall 
be  the  duty  of  said  election  officers  in  each  district  to  can- 
vass the  vote  at  said  election,  and  report  the  result  to  the 
County  Superintendent  of  Schools  within  five  days  subse- 
([uent  to  the  holding  of  said  election. 

FiflJi—\i  a  majority  of  the  votes  cast  in  the  election  pro- 
vided for  in  subdivision  three  of  this  section  in  said  city, 
incorjjorated  town,  or  school  district  shall  be  in  favor  of 
establishing  and  maintaining  a  high  school  therein,  it  shall 
be  the  duty  of  the  County  Superintendent  to  call  a  meet- 
ing of  the  Board  of  Education  or  Board  of  School  'i'rustees 
of  said  city,  incorporated  town,  or  school  district,  within 
fifteen  days  after  receiving  the  returns  of  the  election  held 
therein,  by  giving  at  least  ten  days'  notice,  in  writing,  to 
every  mendjer  of  said  Board  of  Education  or  Board  of 
School  Trustees,  'i'he  Board  of  Education  or  Board  of 
School  Trustees  shall,  at  said  meeting,  determine  the  loca- 
tion and  the  name  of  the  high  school. 


SCHOOL   LAW.  197 

Sixth — If  u  majority  of  the  votes  cast  in  the  districts  pe- 
titioning for  a  union  high  school  shall  in  the  aggregate  be 
in  favor  of  establishing  and  maintaining  a  union  high 
school  therein,  tiie  County  Superintendent  sliall,  within 
tifteen  days  after  receiving  the  returns  of  the  election  held 
therein,  direct  the  Board  of  School  Trustees  in  each  of 
said  districts  to  call  a  meeting  of  the  qualified  electors  of 
tlieir  respective  districts,  in  the  manner  provided  in  sub- 
division twenty  of  section  sixteen  hundred  and  seventeen 
of  the  Political  Code.  At  said  meeting  the  qualitied  elect- 
ors shall  in  each  district  select  three  representatives.  The 
representatives  so  chosen  shall  meet  in  conjunction  with 
the  County  Superintendent  of  Schools  at  a  time  and  place 
to  be  named  by  the  Superintendent,  for  the  purpose  of  de- 
termining the  location  and  name  of  the  union  high  school. 
At  such  meeting  the  Superintendent  shall  be  Chairman, 
and  shall  be  entitled  to  vote  and  participate  in  all  its  pro- 
ceedings. No  change  of  location  of  any  high  school,  when 
once  established,  shall  be  made  except  upon  a  petition  to 
the  County  Superintendent  of  Schools,  signed  by  two- 
thirds  of  the  heads  of  families  of  the  high  school  district, 
and  then  only  in  accordance  with  all  of  the  provisions  for 
the  original  location  of  the  school  as  contained  in  subdi- 
visions five  and  six  of  this  section. 

Seventh — In  any  city,  incorporated  town,  or  school  dis- 
trict which  shall  have  established  a  high  school,  the  Board 
of  Education  or  Board  of  School  Trustees  shall  constitute 
the  High  School  Board,  and  shall  have  the  management 
and  control  of  said  high  school. 

Elf/hth — In  union  high  school  districts  the  High  School 
Board  shall  be  composed  of  the  Clerks  of  the  Boards  of 
Trustees  of  the  respective  districts  uniting;  j)^'ovkled,  that 
should  the  union  high  school  district  consist  of  but  two 
school  districts,  the  Union  High  School  Board  shall  be 
composed  of  the  Boards  of  Trustees  of  both  said  districts. 

Ninth— The  Union  High  School  Board  shall  meet  within 
ten  days  subsequent  to  the  locating  and  naming  of  the 
union  high  school  by  the  parties  selected  for  that  purpose, 
and  shall  organize  by  electing  a  President  and  a  Clerk 
from  their  own  number,  to  serve  until  the  second  Saturday 
of  July  next  succeeding  their  election;  and  thereafter  the 
Board  shall  meet  and  organize  in  the  same  manner  on  the 
second  Saturday  of  July  of  each  and  every  year. 


198  SCHOOL   LAW. 

Tenth — The  respective  High  School  Boards  shall  hold 
regular  monthly  meetings  at  the  high  school  building,  at 
such  times  as  may  be  provided  in  the  rules  and  regulations 
adopted  by  them  for  their  own  government.  Special  meet- 
ings may  be  held  at  the  call  of  the  President  of  the  respect- 
ive Boards.  Upon  the  request,  in  writing,  signed  by  a 
majority  of  any  Board,  the  President  of  said  Board  shall 
call  a  meeting  thereof.  Of  all  special  meetings  of  any 
Board  the  members  thereof  shall  have  at  least  two  days' 
notice  issued  and  served  by  the  Clerk  thereof.  At  special 
meetings  no  business  shall  be  transacted  other  than  as 
specified  in  the  call  therefor. 

Eleventh — The  powers  and  duties  of  the  High  School 
Boards  shall  be  such  as  are  now,  or  as  may  hereafter  be 
assigned  by  law  to  Boards  of  Education  or  Boards  of  School 
Trustees,  including  the  provisions  of  sections  one  thousand 
eight  hundred  and  eighty  to  one  thousand  eight  hundred 
and  eighty-eight,  inclusive,  of  the  Political  Code,  relating 
to  the  voting  and  issuance  of  bonds,  except  as  otherwise 
provided  in  this  section. 

Twelfth — The  course  of  studies  for  the  respective  high 
schools  shall  be  prepared  by  the  High  School  Board,  and, 
except  in  cities  and  incorporated  towns,  shall  be  subject 
to  the  approval  of  the  County  Board  of  Education.  Said 
course  of  study  shall  embrace  a  period  of  not  less  than 
three  years;  and  it  shall  be  such  as  will  prepare  graduates 
therein  for  admission  into  the  State  University.  The 
text-books  to  be  used  shall  be  adopted  by  the  High  School 
Board,  subject  to  the  same  restrictions  as  is  provided  for 
the  adoption  of  the  course  of  study.  The  State  series 
shall  be  used  in  grades  and  classes  for  which  they  may  be 
adapted. 

Thirteentli — Graduates  of  the  grammar  schools  shall  be 
admitted  to  the  high  schools  without  examination.  Other 
applicants  of  the  high  school  district  may  be  admitted  in 
accordance  with  such  rules  as  may  be  prescribed  by  the 
High  School  Board.  Tlie  High  School  Board  may  admit 
pupils  not  residing  in  any  high  school  district,  upon  the 
payment  of  such  tuition  fees  as  they  may  deem  proper, 
and  all  moneys  collected  from  this  source  shall  be  paid 
into  the  fund  provided  for  the  support  of  the  high  school. 

Fonrfrciith  In  any  city,  incor{»orated  town,  school  dis- 
trict, or  union  high  school  district  which  shall  have  voted 


«  SCHOOL   LAW.  199 

to  establish  and  maintain  a  high  school,  it  shall  he  the 
duty  of  the  High  School  Board  therein  to  furnish  to  the 
authorities  whose  duty  it  is  to  levy  taxes,  on  or  l)efore  the 
second  Monday  of  vSeptember,  an  estimate  of  the  cost  of 
purchasing  a  suitable  lot,  of  procuring  plans  and  specifica- 
tions, and  erecting  a  suitable  building,  of  furnishing  the 
same,  and  of  fencing  and  ornamenting  the  grounds  for  the 
accommodation  of  the  school,  and  of  conducting  the  school 
for  the  school  year.  It  shall  be  the  duty  of  said  Board, 
each  and  every  year  thereafter,  to  present  to  said  authori- 
ties, on  or  before  the  second  Monday  of  September,  an  es- 
timate of  the  amount  of  money  required  for  conducting 
the  school  for  the  school  year. 

Fifteenth — When  such  estimate  shall  have  been  made,  it 
shall  be  the  duty  of  the  authorities  in  said  city,  incorpo- 
rated town,  school  district,  or  union  high  school  district, 
to  levy  a  special  tax  upon  all  of  the  taxable  propert}-  of 
said  city,  incorporated  town,  school  district,  or  union  high 
scliool  district,  sufficient  to  raise  the  amount  required  by 
said  High  School  Board,  as  shown  by  said  estimate.  Said 
tax  shall  be  computed,  entered  upon  the  tax  roll,  and  col- 
lected in  the  same  manner  as  other  taxes  are  computed, 
entered,  and  collected. 

Sixteenth — Should  the  High  School  Board  of  any  city, 
incorporated  town,  school  district,  or  union  high  school 
district,  refuse  or  neglect  to  make  the  estimate  provided 
for  in  subdivision  fourteen  of  this  section,  it  shall  be  the 
duty  of  the  Superintendent  of  Schools,  upon  the  petition 
of  five  qualified  electors  thereof,  to  make  such  estimate. 

Seventeenth — Should  the  authorities  whose  duty  it  is  to 
levy  the  tax,  as  provided  in  subdivision  fifteen  of  this  sec- 
tion, refuse  or  neglect  to  make  the  levy  provided  for,  it 
shall  be  the  duty  of  the  County  Auditor  to  make  such 
levy,  and  add  it  to  the  tax  roll  of  said  city,  incorporated 
town,  school  district,  or  union  high  school  district. 

Eighteenth — All  moneys  collected  from  the  levy  of  the 
tax  provided  for  by  this  section  shall  be  paid  in  cities  and 
incorporated  towns  into  the  treasury  thereof,  to  the  credit 
of  the  High  School  Fund;  and  said  moneys  shall  be  paid 
out  by  the  Treasurers  of  said  cities  or  towns  upon  the 
warrants  of  the  High  School  Board,  signed  by  the  Presi- 
dent and  Clerk  thereof. 


200  SCHOOL   LAW.  ^ 

Nineteenth — All  moneys  collected  from  said  levy  in 
school  districts  or  union  high  school  districts  shall  be  paid 
into  the  County  Treasury  to  the  credit  of  the  District 
High  School  Fund,  or  the  Union  High  School  Fund,  re- 
spectively, and  shall  be  paid  out  on  the  order  of  the  High 
School  Board,  signed  by  the  President  and  Clerk  thereof, 
as  other  school  moneys  are  paid  out. 

Ticentieth — Nothing  in  this  section  shall  be  construed  as 
preventing  all  of  the  school  districts  in  any  county  from 
uniting  to  form  one  or  more  county  high  schools  ;  provided, 
that  when  any  city,  incorporated  town,  school  district,  or 
union  high  school  district  shall  vote  to  maintain  a  high 
school,  such  territory  shall  be  exempt  from  taxation  to 
support  a  county  high  school ;  and  jyrovided  fnrther,  that 
when  any  citj^  incorporated  town,  school  district,  or  union 
high  school  district  shall  establish  a  high  school  prior  to 
tlie  submission  of  the  proposition  to  establish  a  county 
high  school,  the  electors  of  such  city,  incorporated  town, 
scliool  district,  or  union  high  school  district  shall  be  ex- 
cluded from  voting  upon  said  proposition. 

Twent]/ -first — When  the  boundaries  of  school  districts 
shall  for  any  cause  be  changed,  such  change  shall  not  af- 
fect the  high  school  district. 

Twenty-second — Any  school  district  adjacent  to  a  high 
school  district  may  be  admitted  to  said  high  school  dis- 
trict by  action  of  the  Board  of  Supervisors  of  the  county, 
upon  such  terms  as  may  be  agreed  upon  between  the 
Trustees  of  the  school  district  seeking  admission,  and  the 
High  School  Board,  whenever  a  majority  of  the  heads  of 
families,  as  shown  by  the  last  preceding  school  census, 
sliall  present  to  said  Board  of  Supervisors  a  petition  for 
Bucli  annexation,  accompanied  by  a  petition  signed  by  a 
majority  of  the  members  composing  the  High  School 
Board  of  the  district  to  which  admission  is  desired. 

Twenty-third — When  the  average  daily  attendance  of 
pupils  in  any  high  school  during  tlie  whole  of  any  school 
year,  after  the  first  school  year,  shall  be  ten,  or  less  than 
ten,  the  Superintendent  of  Schools  shall  suspend  the  school 
in  said  district,  and  shall  report  the  fact  to  tlie  Board  of 
Supervisors,  Upon  receiving  such  report  from  the  Super- 
intendent, the  ]5oard  of  Supervisors  shall  declare  the  high 
school  lapsed,  and  shall  cause  the  property  thereof  to  be 
sold.     All  moneys  received  from  the  sale  of  the  property 


SCHOOL    LAW.  201 

of  the  high  school  district,  and  all  moneys  in  the  treasury 
to  the  credit  of  said  high  school,  shall  be  distributed  by 
the  County  Superintendent  to  the  districts  composing  the 
high  school  district,  in  proportion  to  the  assessed  valua- 
tion of  property  in  said  districts. 

T we ntij -fourth — When,  in  consequence  of  distance  or  of 
convenience  in  traveling,  it  is  more  convenient  for  pupils 
residing  in  any  high  school  district  to  attend  the  high 
school  in  another  high  school  district,  the  High  School 
Board  of  the  latter  district  may  admit  such  pupils  to  the 
high  school  in  their  district.  The  High  School  Board  in 
the  district  in  which  such  pupils  reside  shall,  upon  demand, 
give  to  the  High  School  Board  of  the  district  in  which 
such  pupils  attend,  a  warrant  upon  the  fund  of  their  dis- 
trict in  payment  of  the  tuition  of  said  pupils,  equal  to  the 
amount  charged  for  the  tuition  of  non-resident  pupils,  as 
provided  in  subdivision  thirteenth  of  this  section. 

T  wenty- fifth— [\)  When  a  majority  of  the  heads  of  families 
residing  in  two  or  more  adjacent  districts,  not  in  the  same 
county,  shall  unite  in  a  petition  to  the  County  Superin- 
tendents of  their  respective  counties  for  the  establishing 
and  maintaining  of  a  joint  union  high  school  district,  it 
shall  be  the  duty  of  said  Superintendent,  within  twenty 
days  after  receiving  said  petition,  to  call  an  election  in 
the  district  or  districts  in  his  county  petitioning,  for  the 
purpose  of  determining  the  question,  and  appoint  three 
qualified  electors  in  each  district  petitioning,  to  conduct 
the  election  therein.  Said  election  shall  be  called  and 
conducted  in  all  respects  as  specified  in  subdivision  fourth 
of  this  section,  and  the  result  thereof  shall  be  reported  by 
the  election  officers  in  each  district  to  the  Superintendents 
of  the  counties  in  which  the  districts  are  situated,  within 
five  days  subsequent  to  the  holding  of  said  election. 

(2)  If  a  majority  of  the  votes  cast  in  the  districts  shall, 
in  the  aggregate,  be  in  favor  of  establishing  a  joint  union 
high  school,  the  County  Superintendent  in  each  county 
shall,  within  fifteen  days  after  receiving  the  returns  of  the 
election,  direct  the  Board  of  Trustees  in  the  district  or 
districts,  in  his  respective  county,  to  call  a  meeting  of  the 
qualified  electors,  as  provided  in  subdivision  sixth  of  this 
section.  At  said  meeting  the  qualified  electors  in  each 
district  shall  select  representatives,  as  provided  in  said 
subdivision.     The  representatives  so  chosen  shall  meet  at 


202  SCHOOL    LAW. 

a  time  and  place,  to  be  agreed  upon  among  themselves, 
for  the  purpose  of  determining  the  location  and  name  of 
the  school. 

(3)  The  Joint  Union  High  School  Board  shall  be  com- 
posed as  provided  in  subdivision  eighth  of  this  section  ; 
and  their  powers  and  duties  shall  be  such  as  are  specified 
in  this  section  for  Union  High  School  Boards  ;  provided, 
that  the  estimate  provided  for  in  subdivision  fourteenth 
of  this  section  shall  be  furnished  to  the  authorities  in  each 
of  the  counties  in  which  the  districts  uniting  are  situated  ; 
and  prodded  farther,  that  the  portion  of  such  estimate  to 
be  raised  in  each  district  shall  be  in  proportion  to  the  tax- 
able property  therein,  as  shown  by  the  last  preceding  as- 
sessment roll  thereof. 

(4)  All  the  provisions  relative  to  the  levy  and  collection 
of  the  tax  necessary  to  raise  the  amount  estimated  as  pro- 
vided, shall  apply  to  the  levy  and  collection  of  the  tax  for 
joint  union  high  schools  ;  provided,  that  the  amount  col- 
lected in  each  district  shall  be  paid  into  the  treasury  of 
the  county  in  which  said  district  is  located,  to  the  credit 
of  a  fund  to  be  known  as  Joint  Union  High  School  Fund, 
and  shall  be  paid  out  as  proviiled  in  subdivision  nineteenth 
of  this  section. 

1671.  First — There  may  be  established  in  any  county  in 
this  State,  one  or  more  county  liigh  schools  ;  provided, 
that  at  any  general  or  special  election  held  in  said  county 
after  the  passage  of  this  Act,  a  majority  of  all  the  votes 
cast  at  such  election,  upon  the  proposition  to  establish  a 
high  school,  shall  be  in  favor  of  establishing  and  maintain- 
ing such  county  high  school  or  schools  at  the  expense  of 
said  county. 

Second — The  Board  of  Supervisors,  at  any  general  elec- 
tion to  be  held  in  any  county  after  the  passage  of  this  Act, 
upon  the  presentation  of  a  petition  signed  by  fifty  or  more 
qualified  electors,  taxpayers  of  said  county,  must  submit 
the  (question  of  establishing  and  maintaining  a  county 
high  school  to  the  qualified  electors  thereof.  The  Board 
of  Supervisors,  if  they  deem  it  expedient,  may  order  a 
special  election  for  such  purpose.  Said  election  shall  be 
conducted  in  the  manner  prescribed  by  law  for  conducting 
elections.  The  ballots  at  such  elections  shall  contain  the 
words  "  For  County  High  School  ;"  and  the  voter  shall 


sc'ttoot  lAW.  203 

write  or  print  thereafter  on  the  ballot  the  word  **  Yes  "  or 
the  word  "No." 

Third— li  the  majority  of  all  the  votes  cast  on  the  prop- 
osition to  establish  a  county  high  school  are  in  the  affirm- 
ative, it  shall  be  the  duty  of  the  Board  of  .Supervisors, 
within  thirty  days  after  canvassing  said  vote,  to  locate 
the  school  in  some  suitable  and  convenient  place  in  said 
county.  The  Board  of  Supervisors  shall  also  estimate  the 
coat  of  purchasing  a  suitable  lot,  erecting  a  building  and 
furnishing  the  same,  for  the  accommodation  of  such  school, 
together  with  the  cost  of  conducting  such  school  for  the 
next  twelve  months ;  'provided,  that  the  High  School 
Board  may  rent  suitable  rooms  for  the  accommodation  of 
the  school.  If  rooms  can  be  obtained  in  public  school 
buildings  in  the  place  in  which  said  school  shall  be  located, 
such  rooms  shall  be  given  the  preference. 

Fourth — When  such  estimate  shall  have  been  made,  the 
Board  of  Supervisors  shall  thereupon  proceed  to  levy  a 
special  tax  upon  all  of  the  assessable  property  of  the 
county,  except  as  provided  in  subdivision  twentieth  of 
section  one  thousand  six  hundred  and  seventy  of  the  Polit- 
ical Code,  sufficient  to  raise  the  amount  estimated  as  nec- 
essary for  the  purchasing  of  a  lot,  procuring  plans  and 
specifications,  erecting  a  building,  furnishing  the  same, 
fencing  and  ornamenting  the  grounds,  and  the  cost  of  run- 
ning said  school  for  the  following  twelve  (12)  months. 
Said  tax  shall  be  computed,  entered  on  the  tax  roll,  and 
collected  in  the  same  manner  as  other  taxes  are  computed, 
entered,  and  collected,  and  the  amount  so  collected  shall 
be  deposited  in  the  County  Treasury,  and  be  known  and 
designated  as  the  County  High  School  Fund,  and  shall  be 
drawn  from  the  treasury  as  other  moneys  so  appropriated 
are  drawn. 

Fifth — When  the  Board  of  Supervisors  shall  have  prop- 
erly provided  and  completed  the  building,  together  with 
the  necessary  fencing  of  the  lot  so  purchased,  they  shall 
cause  the  same  to  be  deeded  to  the  County  Board  of  Edu- 
cation, who  shall  hold  the  same  in  trust  for  the  county. 

Sixth — It  shall  be  the  duty  of  the  County  Board  of  Edu- 
cation to  furnish  to  the  Board  of  Supervisors,  annuallj', 
an  estimate  of  the  amount  of  money  needed  to  pay  all  of 
the  necessary  expenses  of  running  said  school  ;  to  adopt 
the  necessary  text-books  (the  State  series  shall  be  used  in 


204  SCHOOL   LAW. 

grades  and  classes  for  which  they  are  adapted);  to  adopt 
and  enforce  a  course  of  study  for  said  schools  ;  to  employ 
suitable  teachers,  janitors,  and  other  employes,  and  dis- 
charge such  employes  when  deemed  advisable  by  them  ; 
and  to  do  any  and  all  other  things  necessary  to  the  proper 
conduct  of  the  school.  The  course  of  study  shall  be  such 
as  will,  when  it  is  completed  by  the  student,  fit  him  for 
admission  to  the  University  of  California. 

Seventh — It  shall  be  the  duty  of  the  Board  of  Super- 
visors to  inchide  in  their  annual  tax  levy  the  amount  esti- 
mated by  the  County  Board  of  Education  as  needed  to 
pay  the  expenses  of  conducting  the  county  high  school ; 
and  such  amount,  when  collected  and  paid  into  the  County 
Treasury,  shall  be  known  as  the  "County  High  School 
Fund,"  and  may  be  drawn  therefrom  in  the  following 
manner,  for  the  purpose  of  defraying  the  expenses  of  con- 
ducting said  county  high  school :  The  County  Board  of 
Education  shall  draw  their  order  on  the  County  Superin- 
tendent of  Schools,  in  the  manner  and  form  provided  by 
law  for  School  District  Trustees  drawing  orders  on  their 
District  School  Funds,  and  the  County  Superintendent 
shall  draw  his  requisition  on  the  Auditor,  who  shall  draw 
his  warrant  on  the  County  Treasurer  in  favor  of  the  per- 
son or  persons  to  whom  the  amount  called  for  in  such 
requisition  is  due.  All  orders,  requisitions,  and  warrants 
drawn  on  the  "  County  High  School  Fund,"  in  all  other 
respects,  except  as  specified  in  this  Act,  shall  be  subject 
to  the  law  governing  school  districts. 

Eighth— In  case  the  qualified  electors  of  any  county' 
deem  it  expedient  to  establish  and  maintain  more  than 
one  county  high  school,  then  such  additional  school  or 
schools  may  be  established  and  maintained  in  the  manner 
prescribed  in  this  Act  for  establishing  and  maintaining  a 
county  high  school. 

Ninth — All  high  schools  shall  be  open  for  the  admission 
of  graduates  holding  diplojnas  from  the  county  grammar 
schools  of  the  county,  and  to  all  pupils  of  the  county  who 
can  pass  the  examination  for  admission.  The  examina- 
tion for  admission  shall  be  conducted  by  the  County 
lioard  of  Education  and  the  Principal  of  the  county  high 
school. 

Tenth —AW  proceedings  for  the  establishment  of  county 
and   union   high  schools  bad  prior  to  the  passage  and  ap- 


SCHOOL    LAW.  205 

proval  of  this  Act,  are  hereby  validated  and  declared 
legal ;  and  said  high  schools  shall  continue  under  the  pro- 
visions of  the  law  under  which  they  were  estal)lished, 
until  the  first  day  of  July,  one  thousand  eight  hundred 
and  ninety-three  ;  thereafter  they  shall  be  conducted  in 
accordance  with  the  provisions  of  this  Act. 


r 


206  SCttOOL   LA\V, 


LAWS  RELATING  TO  STATE  NORMAL  SCHOOLS. 


354.  The  Normal  Schools  at  San  Jose  and  Los  Angeles, 
and  any  Normal  School  established  after  the  tirst  day  ot' 
January,  eighteen  hundred  and  eighty-seven,  by  the  State, 
shall  be  known  as  State  Normal  Schools,  and  shall  each 
have  a  Board  of  Trustees,  constituted  as  follows:  The 
Crovernor  and  State  Superintendent  of  Public  Instruction 
shall  be  members  of  each  Board,  and  there  shall  be  five 
members,  whose  term  of  office  shall  be  five  years,  who 
shall  be  appointed  by  the  Governor;  provided,  that  the 
Trustees  of  the  State  Normal  School  in  office  June  thir- 
tieth, eighteen  hundred  and  eighty-seven,  shall  hold  office 
until  the  end  of  the  terms  for  which  they  were  appointed; 
provided,  that  no  appointment  made  after  the  approval  of 
this  Act  shall  be  for  a  term  of  more  than  five  years,  and 
the  Trustees  in  office  when  this  Act  takes  effect  shall  be- 
come members  of  the  Board  of  Trustees  of  the  State  Nor- 
mal School  located  nearest  to  their  residences;  and  the 
members  of  any  Board  of  Trustees,  when  first  appointed 
and  organized,  shall  classify  themselves  so  that  the  term 
of  one  Trustee  shall  expire  annually. 

1487.  The  State  Normal  Schools  have  for  their  objects 
the  education  of  teachers  for  the  public  schools  of  this 
State. 

1488.  The  State  Normal  Schools  shall  be  under  the  man- 
agement and  control  of  Boards  of  Trustees,  constituted  as 
provided  in  section  three  hundred  and  fifty-four  of  the 
Tolitical  Code  of  the  State  of  California. 

1489.  The  powers  and  duties  of  each  Board  of  Trustees 
are  as  follows: 

First — ^To  elect  a  Secretary,  who  shall  receive  such  sal- 
ary, not  to  exceed  one  hundred  and  fifty  dollars  per  an- 
num, as  may  be  allowed  by  the  Board. 

S<'i-ond-~Vo  prescribe  rules  for  tiieir  own  government, 
and  for  tlie  government  of  the  scliool. 


,,  SCUUOL   LAW.  207 

Third— To  prcscriljc  rules  for  the  reports  of  officers  and 
teachers  of  the  school,  and  for  visiting  other  schools  and 
institutes. 

Fourth — To  provide  for  the  purchase  of  school  appa- 
ratus, furniture,  stationery,  and  text-books  for  the  use  of 
the  pupils. 

Fijtli — To  establish  and  maintain  training  or  model 
schools,  and  retjuire  the  pupils  of  the  Normal  School  to 
teach  and  instruct  classes  therein. 

Sixth — To  elect  a  Principal  and  other  necessary  teachers, 
fix  their  salaries,  and  prescribe  their  duties. 

Seventh — To  issue  diplomas  of  graduation  upon  the 
recommendation  of  the  Faculty  of  the  school. 

Eif/hth — To  control  and  expend  all  moneys  appropriated 
for  the  support  and  maintenance  of  the  school,  and  all 
moneys  received  from  tuition  or  from  donations.  In  no 
event  shall  any  moneys  appropriated  for  the  support  of 
the  school,  or  received  from  tuition  or  donations,  be  paid 
or  used  for  compensation  or  traveling  expenses  of  the 
Trustees  of  the  school,  except  when  attending  the  joint 
meetings  provided  for  by  section  one  thousand  four  hun- 
dred and  ninety-two  of  the  Political  Code  of  the  State  of 
California,  and  each  Trustee  attending  such  meetings  shall 
receive  the  same  mileage  as  is  allowed  by  law  to  members 
of  the  Legislature,  for  not  more  than  two  meetings  in  eaph 
school  year.  _ 

Ninth — To  cause  a  record  of  all  their  proceedings  to  be 
kept,  which  shall  be  open  to  public  inspection  at  the 
school. 

Tenth — To  keep,  open  to  public  inspection,  an  account 
of  receipts  and  expenditures. 

Eleventh — To  annually  I'eport  to  the  Governor  a  state- 
ment of  all  their  transactions,  and  of  all  matters  pertain- 
ing to  the  school. 

Twelfth — To  transmit  with  such  report  a  copy  of  the 
principal  teacher's  annual  report. 

Thirteenth — To  revoke  any  diploma  by  them  granted,  on 
receiving  satisfactory  evidence  that  the  holder  thereof  is 
addicted  to  drunkenness,  is  guilty  of  gross  immorality,  or 
is  reputedly  dishonest  in  his  dealings;  provided,  that  such 
person  shall  have  at  least  thirty  days'  previous  notice  of 
such  contemplated  action,  and  shall,  if  he  asks  it,  be  heard 
in  his  own  defense. 


208  SCHOOL   LAW. 

1490.  Each  Board  of  Trustees  must  hold  two  regular 
meetings  in  each  year,  and  may  hold  special  meetings  at 
the  call  of  the  .Secretary',  when  directed  by  the  Chairman. 

1491.  The  time  and  place  of  regular  meetings  must  be 
fixed  by  the  by-laws  of  the  Board.  The  Secretary  must 
give  written  notice  of  the  time  and  place  of  special  meet- 
ings to  each  member  of  the  Board. 

1492.  Joint  meetings  of  the  Boards  of  Trustees  of  the 
State  Normal  Schools  shall  be  held  at  least  once  in  each 
school  year,  alternately,  at  the  different  State  Normal 
Schools.  The  first  meeting  shall  be  held  at  San  Jose,  and 
thereafter  at  the  other  Normal  Schools  in  the  order  of  their 
organization.  At  such  meetings  the  Trustees  shall  have 
the  power,  and  it  shall  be  their  duty: 

First— To  prescribe  a  uniform  series  of  text-books  for 
use  in  the  State  Normal  Schools.  The  State  series  of  text- 
books shall  be  used,  when  published,  in  the  grades  and 
classes  for  which  they  are  adapted. 

Second — To  prescribe  a  uniform  course  of  study,  and 
time  and  standard  for  graduation  from  the  State  Normal 
Schools, 

1494.  Every  person  admitted  as  a  pupil  to  the  Normal 
School  course  must  be: 

Fh'st — Of  good  moral  character. 

Second — Of  sixteen  years  of  age. 

Thi7'd — Of  that  class  of  persons  who,  if  of  a  proper  age, 
would  be  admitted  in  the  public  schools  of  this  State  with- 
out restriction. 

1495.  Teachers  holding  State  certificates  of  the  first  or 
second  grades  may  be  admitted  from  the  State  at  large. 

1496.  Persons  resident  of  another  State  may  be  ad- 
mitted upon  letters  of  recommendation  from  the  (lovernor 
or  Superintendent  of  Schools  thereof. 

1497.  Every  person  making  application  for  admission  as 
a  pupil  to  the  Normal  School  must,  at  the  time  of  making 
such  application,  iile  with  the  Principal  of  the  school  a 
declaration  tliat  he  enters  the  school  to  tit  himself  for 
teaching,  and  tliat  it  is  his  intention  to  engage  in  teaching 
in  the  public  schools  of  this  State,  or  in  the  State  or  Terri- 
tory where  the  applicant  resides. 

lijOl.  The  Principal  of  each  State  Normal  School  must 
make  a  detailed  annual  report  to  the  Board  of  Trustees, 


SCHOOL    LAW.  209 

with  a  catalogue  of  the  pupils,  and  such  other  particulars 
as  the  Board  may  require  or  he  may  think  useful. 

ir)02.  The  Board  of  Trustees  of  any  Normal  School,  or 
its  Executive  Committee,  may  grant  permission  to  the 
Principal,  or  any  teacher  of  such  school,  to  attend  any 
County  Institute,  and  give  instruction  on  subjects  relating 
to  education  in  the  public  schools.  [As  amended  March 
23,  1893.] 

1503.  Flr.Ht — The  Board  of  Trustees  of  each  State  Nor- 
mal School,  upon  the  recommendation  of  the  Faculty,  may 
issue  to  those  pupils  who  worthily  complete  the  full  course 
of  study  and  training  prescribed,  a  diploma  of  graduation. 

Second — Said  diploma  shall  entitle  the  holder  thereof  to 
a  grammar  grade  certificate  from  any  City,  City  and 
County,  or  County  Board  of  Education  in  the  State. 

Third — Whenever  any  City,  City  and  County,  or  County 
Board  of  Education  shall  present  to  the  State  Board  of 
Education  a  recommendation  showing  that  the  holder  of  a 
Normal  School  diploma  has  had  a  successful  experience  of 
two  years  in  the  pulilic  schools  of  this  State  subsequent  to 
the  granting  of  such  diploma,  the  State  Board  of  Educa- 
tion shall  grant  to  the  holder  thereof  a  document  signed 
by  the  President  and  Secretary  of  the  State  Board,  show- 
ing such  fact.  The  said  diploma,  accompanied  by  said 
document  of  the  State  Board  attached  thereto,  shall  be- 
come a  permanent  certificate  of  qualification  to  teach  in 
any  primary  or  grammar  school  in  the  State,  valid  until 
such  time  as  the  said  diploma  may  be  revoked,  as  provided 
in  subdivision  thirteen  of  section  fourteen  hundred  and 
eighty-nine  of  this  Code. 

Fourth — Upon  presentation  of  the  diploma  and  docu- 
ment referred  to  in  subdivision  third  of  this  section  to  any 
City,  City  and  County,  or  County  Superintendent  of 
Schools,  said  Superintendent  shall  record  the  name  of  the 
holder  thereof  in  a  book  provided  for  that  purpose  in  his 
office,  and  the  holder  thereof  shall  thenceforth,  be  ab- 
solved from  the  requirement  of  subdivision  first  of  section 
sixteen  hundred  and  ninety -six  of  this  Code. 

Fifth — Said  diploma  of  graduation  from  any  Normal 
School  in  this  State,  when  accompanied  by  a  certificate 
granted  by  the  Faculty  of  the  State  University,  showing 
that  the  holder  thereof,  subsequent  to  receiving  said 
diploma,  has  successfully  completed  the  prescribed  course 


210  SCHOOL   LAW. 

of  instruction  in  the  PedagO£;ical  Department  of  the  State 
University,  shall  entitle  the  holder  to  a  high  school  cer- 
tificate authorizing  the  holder  to  teach  in  any  primary  or 
grammar  school,  and  in  any  high  school  in  this  State,  ex- 
cept those  in  which  the  holder  would  be  required  to  teach 
languages  other  than  the  English. 

1504.  The  Boards  of  Trustees,  or  such  Trustees  as  at- 
tend the  joint  meetings,  shall  have  poM'er  to  appoint  a 
Secretary,  who  shall  receive  such  compensation,  not  to  ex- 
ceed twenty  dollars  for  each  joint  meeting,  as  the  Trustees 
present  at  the  meeting  may  order  paid.  The  Secretary 
shall  keep  a  full  record  of  all  the  proceedings  of  the  joint 
meetings  of  the  Trustees,  and  shall  notify  the  Secretary  of 
each  Board  of  Trustees  of  any  changes  made  in  the  course 
of  study  or  the  text-books  to  be  adopted  in  the  State  Nor- 
mal Schools. 

1505.  The  Superintendent  of  Public  Instruction  must 
visit  the  school  from  time  to  time,  inquire  into  its  con- 
dition and  management,  enforce  the  rules  and  regulations 
made  by  the  Board,  require  such  reports  as  he  deems 
proper  from  the  teachers  of  the  school,  and  exercise  a  gen- 
eral supervision  over  the  same. 

1507.  Each  order  upon  the  Controller  of  State  by  the 
Board  of  Trustees  of  a  State  Normal  School  must  be 
signed  by  the  President  of  the  Board  and  countersigned 
by  the  Secretary.  Upon  presentation  of  the  order  afore- 
said, signed  and  countersigned  as  aforesaid,  the  Controller 
of  State  must  draw  his  warrant  upon  the  State  Treasurer, 
in  favor  of  the  Board  of  Trustees,  for  any  moneys,  or  any 
part  thereof,  appropriated  and  set  apart  for  the  support  of 
the  Normal  School,  and  the  Treasurer  must  pay  such  war- 
rants on  presentation. 


SCIIOOL    LAW, 


EXTRACTS  FROM  THE  POLITICAL  CODE. 


4.  The  rule  of  the  common  law,  that  statutes  in  dero- 
gation thereof  are  to  be  strictly  construed,  has  no  appli- 
cation to  this  Code.  The  Code  establishes  the  law  of  this 
State  respecting  the  subjects  to  which  it  relates,  and  its 
provisions,  and  all  proceedings  under  it,  are  to  be  liberally 
construed,  with  a  view  to  effect  its  object  and  to  promote 
justice. 

10.  Holidays,  within  the  meaning  of  this  Code,  are 
every  Sunday,  the  first  day  of  January,  the  twenty-second 
day  of  February,  the  thirtieth  day  of  May,  the  fourth 
day  of  July,  the  ninth  day  of  September,  the  first  Monday 
of  October,  the  twenty-fifth  day  of  December,  every  day 
on  which  an  election  is  held  throughout  the  .State,  and 
every  day  appointed  by  the  President  of  the  United 
States,  or  by  the  Governor  of  this  State,  for  a  public  fast, 
thanksgiving,  or  holiday.  If  the  first  day  of  January,  the 
twenty-second  day  of  February,  the  thirtieth  day  of  Maj', 
the  fourth  day  of  July,  the  ninth  day  of  September,  or 
the  twenty-fifth  day  of  December  fall  upon  a  Sunday,  the 
Monday  following  is  a  holiday. 

15.  Words  giving  a  joint  authority  to  three  or  more 
public  officers  or  other  persons,  are  construed  as  giving 
such  authority  to  a  majority  of  them,  unless  it  is  otherwise 
expressed  in  the  Act  gi^'ing  the  authority. 

17.  Words  used  in  this  Code  in  the  present  tense  in- 
clude the  future  as  well  as  the  present ;  words  used  in 
the  masculine  gender  include  the  feminine  and  neuter  ; 
the  singular  number  includes  the  plural,  and  the  plural 
the  singular;  the  word  "  person  "  includes  a  corporation 
as  well  as  a  natural  person  ;  writing  includes  printing  ; 
oath  includes  affirmation  or  declaration  ;  every  mode  of 
oral  statement  under  oath  or  affirmation  is  embraced  in 
the  term  "  testify,"  and  every  written  one  in  the  word 
"depose  ;"  signature  or  subscription  includes  mark,  when 
the  person  cannot  write,   his  name  being  written  near  it, 


212   •  SCHOOL    LAW, 

and  witnessed  by  a  person  who  writes  his  own  name  as  a 
witness. 

52.  Every  person  has,  in  law,  a  residence.  In  deter- 
mining the  place  of  residence,  the  following  rules  are  to 
be  observed  : 

1.  It  is  the  place  where  one  remains  when  not  called 
elsewhere  for  labor  or  other  temporary  purpose,  and  to 
which  he  returns  in  seasons  of  repose. 

2.  There  can  only  be  one  residence. 

3.  A  residence  cannot  be  lost  until  another  is  gained. 

4.  The  residence  of  the  father  during  his  life,  and  after 
his  death  the  residence  of  the  mother  while  she  remains 
unmarried,  is  the  residence  of  the  unmarried  minor  child. 

5.  The  residence  of  the  husband  is  the  residence  of  the 
wife. 

6.  The  residence  of  an  unmarried  minor  who  has  a  par- 
ent living  cannot  be  changed  by  either  his  own  act  or  that 
of  his  guardian. 

7.  The  residence  can  be  changed  only  by  the  union  of 
act  and  intent. 

58.  Every  elector  is  eligible  to  the  office  for  which  he  is 
an  elector,  except  where  otherwise  speciallj'  pi'ovided  ; 
and  no  person  is  eligible  who  is  not  such  an  elector. 

841.  No  person  is  capable  of  holding  a  civil  office  who 
at  the  time  of  his  election  or  appointment  is  not  of  the  age 
of  twenty-one  years  and  a  citizen  of  this  State.  (See  Sec- 
tion 4102  of  the  Political  Code.) 

843.  No  county  officer  must  be  appointed  or  act  as  the 
deputy  of  another  officer  of  the  same  county,  except  in 
cases  where  the  pay  of  the  officer  so  appointed  amounts  to 
a  sum  less  than  seventy-five  dollars  per  month. 

865.  In  all  cases  not  otherwise  provided  for,  each  deputy 
possesses  the  powers  and  may  perform  the  duties  attached 
by  law  to  the  office  of  his  principal. 

878.  Every  office,  of  whicli  the  duration  is  not  fixed  by 
law,  is  held  at  the  pleasure  of  the  appointing  power. 

879.  Every  officer  must  continue  to  discharge  the  duties 
of  his  office,  although  his  term  has  expired,  until  his  suc- 
cessor has  qualified. 

904.  Before  any  officer  enters  on  the  duties  of  his  office, 
he  must  take  and  subscribe  the  following  oath  : 

"  1  do  swear  for  affirm]  that  1  will  support  the  Consti- 
tution of  the  United  States  and  the  Constitution  of  the 


SCHOOL    LAW.  213 

State   of  California,   and   that  I  will  faithfully  discharge 

the  duties  of  the  office  of according  to  the  best  of 

my  ability." 

1)07.  Whenever  a  different  time  is  not  prescribed  by 
law,  the  oath  of  office  must  l)e  taken,  suljscril)ed,  and  filed 
within  ten  days  after  the  officer  has  notice  of  his  election 
or  appointment,  or  before  the  expiration  of  fifteen  days 
from  the  commencement  of  his  term  of  office,  when  no 
such  notice  has  been  given. 

9U8.  Except  when  otherwise  provided,  the  oath  may  be 
taken  before  any  officer  authorized  to  administer  oaths. 

1)09.  Every  oath  of  office,  certified  by  the  officer  before 
whom  the  same  was  taken,  must  be  filed  within  the  time 
re({uired  by  law,  except  when  otherwise  specially  pro- 
vided, as  follows  : 

Second — The  oath  of  all  officers,  elected  or  appointed 
for  any  county,  and  of  all  officers  whose  duties  are  local, 
or  whose  residence  m  any  particular  county  is  prescribed 
Ijy  law,  in  the  offices  of  the  Clerks  of  their  respective 
counties. 

920.  Members  of  the  Legislature,  State,  county,  city, 
and  township  officers,  must  not  be  interested  in  any  con- 
tract made  by  them  in  their  official  capacity,  or  by  any 
body  or  Board  of  which  they  are  members. 

921.  State,  county,  township,  and  city  officers  must  not 
be  purchasers  at  any  sale,  nor  venders  at  any  purchase 
made  by  them  in  their  official  capacity. 

996.  An  office  becomes  vacant  on  the  happening  of 
either  of  the  following  events  before  the  expiration  of  the 
term  : 

First — The  death  of  the  incumbent. 

Second — His  insanity,  found  upon  a  commission  of  lunacy 
issued  to  determine  the  fact. 

Third — His  resignation. 

Fourth — His  removal  from  office. 

Fijtk — -His  ceasing  to  be  an  inhabitant  of  the  State,  or 
if  the  office  be  local,  of  the  district,  county,  city,  or  town- 
ship for  which  he  was  chosen  or  appointed,  or  within 
which  the  duties  of  his  office  are  recjuired  to  be  discharged. 

Sidh — His  absence  from  the  State  without  permission 
of  the  Legislature,  beyond  the  period  allowed  by  law. 

Seventh — His  ceasing  to  discharge  the  duties  of  his  oflBce 


214  SCHOOL   LAW. 

for  the  period  of  three  consecutive  months,  except  when 
prevented  by  sickness,  or  when  absent  from  the  State  by- 
permission  of  the  Legislature. 

Eighth — His  conviction  of  a  felony,  or  of  any  offense  in- 
volving a  violation  of  his  official  duties. 

Ninth — His  refusal  or  neglect  to  file  his  official  oath  or 
bond  within  the  time  prescribed. 

Tenth — The  decision  of  a  competent  tribunal  declaring 
void  his  election  or  appointment. 

1014.  Every  public  officer  is  entitled  to  the  possession 
of  all  books  and  papers  pertaining  to  his  office,  or  in  the 
custody  of  a  former  incumbent  by  virtue  of  his  office. 

1015.  If  any  person,  whether  a  former  incumbent  or 
another  person,  refuse  or  neglect  to  deliver  to  the  actual 
incumbent  any  such  books  or  papers,  such  actual  incum- 
bent may  apply  by  petition  to  any  court  of  record  sitting 
in  the  county  where  the  person  so  refusing  or  neglecting 
resides,  or  to  any  Judge  of  the  Superior  Court  residing 
therein,  and  the  Court  or  officer  applied  to  must  proceed, 
in  a  summary  way,  after  notice  to  the  adverse  party,  to 
hear  the  allegations  and  proof  of  the  parties,  and  to  order 
any  such  books  or  papers  to  be  delivered  to  the  petitioners. 

10S3.  Every  male  citizen  of  the  United  States,  every 
male  person  who  shall  have  acquired  the  right  of  citizen- 
ship under  or  l)y  virtue  of  the  treaty  of  Queretaro,  and 
every  male  naturalized  citizen  thereof,  who  sliall  have 
become  such  ninety  days  prior  to  any  election,  of  the  age 
of  twenty-one  years,  who  shall  have  been  a  resident  of  the 
State  one  year  next  preceding  the  election,  and  of  the 
county  in  which  he  claims  his  vote  ninety  days,  and  in 
the  election  precinct  thirty  days,  and  whose  name  shall 
be  enrolled  on  the  Great  Register  of  such  count}',  shall  be 
a  qualified  elector  thereof. 

1084.  No  native  of  China,  no  idiot,  insnne  person,  or 
person  convicted  of  any  infamous  crime,  and  no  person 
hereafter  convicted  of  embezzlement  or  misappropriation 
of  public  money,  sliall  ever  exercise  the  privilege  of  an 
elector. 

1174.  The  following  is  the  form  of  poll  lists  and  tally 
lists  to  be  kept  by  the  Boards  and  Clerks  of  Election  : 

POLL    LIST 

Of  the  election  held  in  the  precinct  of ,  in  the  County 

of  ,  on  the day  of  ,  in  the  year  A.  D.  one 


SCHOOL  LAW 


21i 


thousand  eight  hundred  and .     A.  B.,  C.  D.,  and  E. 

F.,  Judges,  and  G.  H.  and  J.  K.,  Clerks  of  said  election, 
were  respectively  sworn  (or  affirmed),  as  the  law  directs, 
previous  to  their  entering  on  the  duties  of  their  respective 
offices. 

Number  and  Name  of  electors  votbuj. 


Number. 

Name. 

Number. 

Name. 

1 
2 

A.  B. 

C.  D. 

3 

4 

E.  F. 
G.  H. 

We  hereby  certify  that  the  number  of  electors  voting 

at  this  election  amounts  to . 

Attest : 

G.  H.,  A.  B., 

J.  K.,  C.  D., 

Clerks.  E.  R, 

Board  of  Election. 

TALLY   LIST. 

Names  of  per  sons  voted  for,  and  for  what  office,  containing 
the  number  oj  votes  given  for  each  candidate. 


Governor. 

Representatives  in  Congress 

Members  oft] 

Senate. 

le  Legislature. 

Assembly. 

We  hereby  certify  that  A.  B.  had votes  for  Gov- 
ernor, and  C.  D.  had votes  for  Governor  ;  that  E.  F. 

had votes  for  Representative  in  Congress,  etc. 

G.  H.,  A.  B., 

J.  K.,  C.  D., 

Clerks.  E.  F., 

Board  of  Election. 

Note,— In  school  elections,  substitute,  in  the  above  tally  list,  Trus- 
tee, Collector,  or  Assessor,  for  Governor,  Representative  in  Con- 
gress, etc.,  as  the  case  may  be. 


216  SCHOOL    LAW. 

1175.  No  list,  tally  paper,  or  certificate  returned  from 
any  election  must  be  set  aside  or  rejected  for  want  of  form, 
nor  on  account  of  its  not  being  strictly  in  accordance  with 
the  directions  of  this  title,  if  it  can  be  satisfactorily  under- 
stood. 

4256.  The  District  Attorney  is  the  public  prosecutor, 
and  must : 

Sixth — Give,  when  required,  and  without  fee,  his  opinion 
(in  writing)  to  county,  district,  and  township  officers,  on 
matters  relating  to  the  duties  of  their  respective  offices. 


SCHOOL    LAW.  217 


EXTRACTS  FROM  THE  PENAL  CODE. 


19.  Except  in  cases  where  a  dififerent  punishment  is  pre- 
scribed by  this  Code,  every  offense  declared  to  be  a  mis- 
demeanor is  punishable  by  imprisonment  in  a  county  jail 
not  exceeding  six  months,  or  by  a  fine  not  exceeding  five 
hundred  dollars,  or  by  both. 

170.  PiVery  willful  omission  to  perform  any  duty  en- 
joined by  law  upon  any  public  officer,  or  person  holding 
any  public  trust  or  employment,  where  no  special  provis- 
ion shall  have  been  made  for  the  punishment  of  such  de- 
linquency, is  punishable  as  a  misdemeanor. 

177.  When  an  act  or  omission  is  declared  by  a  statiite 
to  be  a  public  offense,  and  no  penalty  for  the  offense  is 
prescribed  in  any  statute,  the  act  or  omission  is  punishable 
as  a  misdemeanor. 

308.  Every  person  who  sells  or  gives  or  furnishes  in  any 
way  to  another,  who  is  in  fact  under  the  age  of  sixteen 
years,  any  tobacco,  or  preparation  of  tobacco,  is  guilty  of 
a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  pun- 
ished by  a  fine  not  exceeding  one  hundred  dollars;  pro- 
vided, hoioever,  that  this  section  shall  not  be  deemed  to 
apply  to  articles  furnished  on  prescriptions  from  physicians 
authorized  by  law  to  practice  medicine,  nor  to  persons 
who  supply  such  articles  to  their  own  children,  nor  to 
sales  made  to  such  minors  upon  the  written  consent  of  the 
parents  or  guardians  of  such  minors  first  obtained  in 
writing  by  the  vender.     [Approved  March  10,  1891.] 

654.  Every  parent,  guardian,  or  other  person  who  up- 
braids, insults,  or  abuses  any  teacher  of  the  public  schools, 
in  the  presence  or  hearing  of  a  pupil  thereof,  is  guilty  of  a 
misdemeanor. 

772.  When  an  accusation  in  writing,  verified  bj'^  the 
oath  of  any  person,  is  presented  to  a  Superior  Court,  al- 
leging that  any  officer  within  the  jurisdiction  of  the  Court 
has  been  guilty  of  charging  and  collecting  illegal  fees  for 
services  rendered,  or  to  be  rendered,  in  his  ottice,  or  has 


218  SCHOOL  LAW. 

refused  or  neglected  to  perform  the  official  duties  pertain- 
ing to  his  office,  the  Court  must  cite  the  party  charged  to 
appear  before  the  Court,  at  a  time  not  more  than  ten  nor 
less  than  five  days  from  the  time  the  accusation  was  pre- 
sented, and  on  that  day,  or  some  other  subsequent  day 
not  more  than  twenty  days  from  that  on  which  the  accu- 
sation was  presented,  must  proceed  to  hear,  in  a  summary 
manner,  the  accusation  and  evidence  offered  in  support  of 
the  same,  and  the  answer  and  evidence  offered  by  the 
party  accused;  and  if,  on  such  hearing,  it  appears  that  the 
charge  is  sustained,  the  Court  must  enter  a  decree  that 
the  party  accused  be  deprived  of  his  office,  and  must  enter 
a  judgment  for  five  hundred  dollars  in  favor  of  the  in- 
former, and  such  costs  as  are  allowed  in  civil  cases. 


SCHOOL    LAW.  219 


ACTS  RELATIVE  TO  EDUCATION. 


All  Act  to  make  loomen  eligihle  to  educational  offices. 

[Approved  March  12, 1874.] 

The  People  of  the  State  of  California,  re]) resented  in  Senate 
and  Assembly,  do  enact  asfolloios: 

Sectiox  1 .  Women  over  the  age  of  twenty-one  years, 
who  are  citizens  of  the  United  States,  and  of  this  State, 
shall  be  eligible  to  all  edncational  offices  within  this  State, 
except  those  from  which  they  are  excluded  by  the  Consti- 
tution. 

Sec.  2.  All  Acts  and  parts  of  Acts  in  conflict  with  this 
Act  are  hereby  repealed.  This  Act  shall  take  effect  from 
and  after  its  passage. 


An  Act  to  enforce  the  educational  rights  of  children. 
[Approved  March  28,  1874.] 

IVie  People  of  the  State  of  California,  represented  in  Senate 
and  Assembly,  do  enact  as  folloics: 
Section  1.  Every  parent,  guardian,  or  other  person,  in 
the  State  of  California,  having  control  or  charge  of  any 
child  or  children  between  the  ages  of  eight  and  fourteen 
years,  shall  be  required  to  send  any  such  child  or  children 
to  a  public  school  for  a  periud  of  at  least  two-thirds  of  the 
time  during  which  a  public  school  shall  be  taught  in  such 
city,  or  city  and  county,  or  school  district,  in  each  school 
year,  commencing  on  the  first  day  of  July,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  seventy-four,  at 
least  twelve  weeks  of  which  shall  be  consecutive,  unless 
such  child  or  children  are  excused  from  such  attendance 
by  the  Board  of  Education  of  the  city,  or  city  and  county, 
or  of  the  Trustees  of  the  school  district  in  which  such 
parents,  guardians,  or  other  persons  reside,  upon  it  being 
shown  to  their  satisfaction  that  his  or  her  bodily  and  men- 


220  SCHOOL    LAW. 

tal  condition  has  been  such  as  to  prevent  attendance  at 
school  or  application  to  study  for  the  period  required,  or 
that  the  parents  or  guardians  are  extremely  poor  or  sick, 
or  that  such  child  or  children  are  taught  in  a  private 
school,  or  at  home,  in  such  branches  as  are  usually  taught 
in  the  primary  schools  of  this  State,  or  have  already  ac- 
quired a  good  knowledge  of  such  branches;  provided,  in 
case  a  public  school  shall  not  be  taught  for  three  months 
during  the  year  within  one  mile,  by  the  nearest  traveled 
road,  of  the  residence  of  any  person  within  the  school  dis- 
trict, he  shall  not  be  liable  within  the  provisions  of  this 
Act. 

Sec.  2.  It  shall  be  tlie  duty  of  the  President  of  each 
Board  of  Education,  and  of  the  Clerk  of  each  Board  of  Dis- 
trict Trustees  in  the  State  of  California,  to  cause  to  be 
posted  three  notices  of  this  law  in  the  most  public  places 
in  the  city,  or  city  and  county,  or  in  the  school  district,  or 
published  in  one  newspaper  tiierein  for  three  weeks,  in  the 
month  of  June,  in  each  year,  the  expenses  of  such  publi- 
cation to  be  paid  out  of  the  School  Fund  of  such  city,  or 
city  and  county,  or  school  district,  as  the  case  may  require. 

»Sec.  3.  In  case  any  parent,  guardian,  or  other  person 
shall  fail  to  comply  with  the  provisions  of  this  Act,  said 
parent,  guardian,  or  other  person  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall  be  liable  to  a  fine  of  not  more 
than  twenty  dollars;  and  for  tlie  second  and  each  subse- 
quent offense  the  tine  shall  not  be  less  than  twenty  dollars 
nor  more  than  fifty  dollars;  and  the  parent,  guardian,  or 
other  person  so  convictei  shall  pay  all  costs.  Each  such 
fine  shall  be  paid  to  the  Clerk  of  the  proper  Board  of  Edu- 
cation, or  of  the  District  Trustees. 

Sec.  4.  And  it  shall  be  the  duty  of  the  Clerk  of  each 
Board  of  Education  and  of  each  Board  of  Trustees,  on 
the  complaint  of  any  teacher  or  taxpayer,  to  prosecute  all 
offenses  occurring  under  the  provisions  of  this  Act;  and 
any  Clerk  neglecting  to  prosecute  such  offense  within  ten 
days  after  a  written  notice  has  been  served  on  him  by  any 
teacher  or  taxpayer  within  the  limits  or  authority  of  said 
Board,  unless  the  person  so  complained  of  shall  be  excused 
V)y  the  proper  School  P)oard,  shall  himself  be  liable  to  a 
fine  of  not  less  tlian  twenty  dollars  nor  more  than  fifty 
dollars,  which  fine  shall  be  prosecuted  for  in  the  name  of 
the  people  of  the  State  of  California,  and  the  fine  so  col- 


SCHOOL   LAW.  221 

lectcd  shall  l^e  paid  over  to  the  Clerk  of  the  Board  of  Edu- 
cation or  Trustees  of  the  proper  city,  or  city  and  county, 
or  school  district,  to  be  accounted  for  as  in  section  three 
of  tliis  Act;  and  in  case  such  prosecution  fail,  the  expenses 
thereof  shall  he  paid  out  of  the  School  Fund  of  the  city,  or 
city  and  county,  or  school  district  in  which  the  case  arose. 

Sec.  5.  And  it  shall  be  the  duty  of  the  Census  Marshal 
to  furnish  each  Board  of  Education  and  of  District  Trustees 
with  a  complete  list  of  all  children  living  within  the  juris- 
diction of  said  Board,  and  to  note  on  such  lists  all  children 
not  attending  colleges,  college  schools,  private  schools,  or 
being  taught  at  home,  who  are  liable  to  the  provisions  of 
this  Act;  and  each  teacher  teaching  within  the  limits  of 
the  jurisdiction  of  such  Board  shall  be  supplied  with  a  list 
of  all  children  within  his  or  her  department  or  school,  and 
shall  call  such  list  each  morning  on  the  opening  of  school, 
and  note  the  absentees,  and  the  reason  of  such  absence,  if 
any,  and,  at  the  close  of  each  term  of  twelve  weeks,  shall 
make  a  full  report  to  the  Board  of  Education,  or  of  Dis- 
trict Trustees,  of  all  such  cases  of  absence,  with  the  names 
both  of  children  and  parents,  guardians,  or  other  persons 
having  such  children  in  charge,  and  said  Board  shall  there- 
upon forthwith  proceed  to  prosecute  such  parents,  guard- 
ians, or  other  persons,  according  to  the  provisions  of  this 
Act. 

Sec.  6.  And  Mdiereas  the  State  has  provided  an  institu- 
tion for  the  gratuitous  instruction  of  all  resident  deaf, 
dumb,  or  blind  children  between  the  ages  of  six  and 
twenty-one  years,  every  parent  or  guardian  of  any  child 
or  children  afflicted  with  deafness  or  blindness  shall  be 
required,  under  the  penalties  hereinbefore  specified,  to 
send  such  child  or  children  to  said  institution  for  a  period 
of  not  less  than  five  years,  unless  such  child  or  children 
shall  have  been  excused  by  the  authorities,  and  on  the 
grounds  specified  in  section  one  of  this  Act. 

Sec.  7.  Any  Justice  of  the  Peace  of  the  proper  city,  or 
city  and  county,  or  school  district,  shall  have  jurisdiction 
of  all  ofienses  committed  under  the  provisions  of  this  Act. 

Sec.  S.  This  Act  shall  be  in  force  and  effect  from  and 
after  the  first  day  of  July,  eighteen  hundred  and  seventy- 
four. 


222  SCHOOL  LAW.  Il 

An   Act  provld'uKj  for  the  removal  of  civil  officers  for  a" 
violation  of  official  duties.  "^ 

[Approved  March  30,  1874.] 

TJie  People  of  the  State  of  California,  represented  in  Senate 
and  Assembly,  do  enact  asfolloivs: 

Section  1.  Any  member  of  any  Board  of  Directors, 
Board  of  Commissioners,  or  other  Board  of  oflScers,  State, 
city,  county,  or  district,  or  other  person  who  has  been 
elected  or  appointed,  or  who  shall  hereafter  be  elected  or 
appointed  to  hold,  control,  bnild,  or  manage  any  public  - 
building  of  this  State,  or  of  any  county,  city,  or  city  and 
county  in  this  State,  or  to  hold,  control,  manage,  or  dis- 
burse any  of  the  public  funds  of  this  State,  or  of  any 
county,  city,  or  city  and  county  in  this  State,  or  any  per- 
son acting  by,  through,  or  under  the  authority  of  any  such 
Boai'd  of  Directors,  Board  of  Commissioners,  or  other  Board 
of  officers,  or  other  pei'son,  as  aforesaid,  or  anj^  other 
officer  in  the  State  who  shall  be  guilty  of  a  willful  viola- 
tion of  any  of  the  provisions  of  the  statute  under  which 
he  or  they  were  or  may  be  hereafter  elected  or  appointed, 
or  of  any  other  statute  or  statutes  of  this  State,  prescribing 
or  defining  their  duties  and  powers,  or  passed  for  their 
government  and  control,  or  who  shall  be  guilty  of  any 
willful  violation  of  otiicial  duty,  shall  be  deprived  of  his 
office  and  otherwise  punished,  in  accordance  with  the  pro-  !. 
visions  of  section  two  of  this  Act.  ; 

Sec.  2.  Whenever  any  complaint  in  writing,  duly  veri- 
fied by  the  oath  of  any  complainant,  shall  be  presented  to 
the  District  Court,  alleging  that  any  of  the  oflicers,  or  ] 
other  persons  referred  to  in  section  one  of  this  Act,  have, 
within  the  jurisdiction  of  said  Court,  been  guilty  of  a  vio- 
lation of  the  provisions  of  said  section,  or  of*  any^other  I 
statute  or  statutes  of  this  State  which  have  been  or  may  | 
hereafter  be  passed  for  their  government  and  control,  or 
prescribing  or  defining  their  duties  and  powers,  it  shall  be 
the  duty  of  said  Court  to  cite  the  party  or  parties  charged 
to  appear  before  him  on  a  certain  day,  not  more  than  ten 
nor  less  than  five  days  from  the  time  when  said  complaint 
shall  be  presented,  and  on  that  day,  or  some  subsequent 
day,  not  more  than  twenty  days  from  that  on  which  said 
complaint  is  ])resente(l,  shall  proceed  to  hear,  in  a  sum- 
nuiry  manner,  the  complaint  and  evidence  oflered  in  sup- 


SCHOOL   LAW.  223 

port  of  the  same,  and  the  evidence  offered  by  the  party  or 
parties  complained  of;  and  if,  on  such  hearing,  it  shall  ap- 
pear that  the  charge  or  charges  contained  in  said  com- 
plaint are  sustained,  the  Court  shall  enter  a  decree  that 
said  party  or  parties  complained  of  shall  be  deprived  of  his 
or  their  office  or  position,  and  shall  enter  judgment  for 
one  hundred  dollars  in  favor  of  the  complainant,  and  for 
such  costs  as  are  allowed  in  civil  cases. 

Sec.  3.  This  Act  shall  not  be  construed  to  repeal  or  im- 
pair the  provisions  of  any  other  Act  concerning  officers  in 
force  at  the  time  of  the  passage  hereof,  but  shall  be  con- 
strued to  be  a  cumulative  remedy  for  the  enforcement  of 
official  duty,  and  not  otherwise. 

Sec.  4.  This  Act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


An  Act  to  prevent  discrimination  against  female  teachers. 

[Approved  March  30,  1874.] 
The  People  of  the  State  of  California,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 
Section  1.  Females  employed  as  teachers  in  the  public 
schools  of  this  State  shall,  in  all  cases,  receive  the  same 
compensation  as  is  allowed  to  male  teachers  for  like  ser- 
vices, when  holding  the  same  grade  certificates. 

Sec.  2.    This  Act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


An  Act  to  continue  in  force  school  teachers'  certificates,  State 

educational  diplomas,  and  life  diplomas. 

[Approved  April  5,  1880.] 

The  People  of  the  State  of  California,  represented  in  Senate 

and  Assembly,  do  enact  as  follows: 

Section  1.    All  teachers'  city,  city  and  countj^  countj', 

and    State    certificates,    State    educational   diplomas,    life 

diplomas,  and  all  other  teachers'  certificates  and  diplomas 

issued  in  the  State  of  California,  under  and  in  pursuance 

of  the  laws  thereof,  on  or  before  the  thirty-first  day  of 

December,  A.  D.  eighteen  hundred  and  seventy-nine,  shall 

be  and  the  same  are  hereby  continued  in  full  force  and 

effect,  and  shall  be  deemed  valid  for  all  purposes,  and  to 

the  full  extent  of  time  that  the  same  were,  and  were  in- 

S 


224  SCHOOL   LAW. 

tended  respectively  to  be,  under  the  said  laws,  on  or  be- 
fore the  said  thirty-first  day  of  December,  A.  D.  eighteen 
hundred  and  seventy-nine. 

Sec.  2.  This  Act  shall  take  efi'ect  from  and  after  its  passage 


An  Act  to  provide  for  the  disposal  of  moneys  remaining  in 
the  building  fund  of  any  school  district,  after  all  bonds 
and  indebtedness  shall  have   been  paid   and   liquidated, 
arising  from  the  construction  of  school  buildings. 
[Approved  March  13,  1883.] 
The  People  of  the  State  of  California,  represented  in  Senate 
and  Assembly,  do  enact  asfolloivs: 
Sectiox  1.    All  moneys    that    have    been   or  shall  be 
raised  by  special  tax,  for  the  purpose  of  erecting  school 
buildings,  that  shall  remain  in  the  hands  of  the  County 
Treasurer  after  all  bonds  that  have  been  or  may  be  issued 
on  account  of  such  buildings  shall  have  been  redeemed, 
and  all  other  indebtedness   arising   on    account   of   such 
buildings  shall  have  been  liquidated,  shall  be  placed  in  the 
County   School   Fund   of   the   school   district   for    which 
such    moneys    were  raised,   subject  to   the  order   of   the 
Trustees  of  said  district. 


An  Act  to  encourage  and  provide  for  a  general  vaccination 

in  the  State  of  California. 

[Approved  February  20, 1889.] 

The  People  of  the  State  of  California,  represented  in  Senate 

and  Assembly,  do  enact  asfollotos: 

Section  1.  The  Trustees  of  the  several  common  school 
districts  in  this  State,  and  Boards  of  common  school  gov- 
ernment in  the  several  cities  and  towns,  are  directed  to 
exclude  from  the  benefits  of  the  common  schools  therein, 
any  child  or  any  person  who  has  not  been  vaccinated, 
until  such  time  when  said  child  or  person  shall  be  success- 
fully vaccinated;  provided^  that  any  i)racticing  and  licensed 
physician  may  certify  that  the  child  or  person  has  used 
due  diligence  and  cannot  be  vaccinated  so  as  to  produce  a 
successful  vaccination,  whereupon  such  child  or  person 
shall  be  excepted  from  the  operation  of  this  Act. 

Sec.  2.  The  Trustees  or  local  Board,  annually,  or  at 
such  special  times  to  be  stated  by  the  State  Board  of 
Health,  must  give  at  least  ten  days'  notice,  by  posting  a 


SCHOOL    F,A\V.  225 

notice  in  two  or  more  public  or  conspicuous  places  within 
their  jurisdiction,  that  provision  has  been  made  for  the 
vaccination  of  any  child  of  suitable  age  who  may  desire  to 
attend  the  common  schools,  and  whose  parents  or  guard- 
ians are  pecuniarily  or  otherwise  unable  to  procure  vac- 
cination for  such  child. 

Sec.  3.  The  said  Trustees  or  Board  must,  within  sixty 
days  after  the  passage  of  this  Act,  and  every  year  there- 
after, ascertain  the  number  of  children  or  persons  in  their 
respective  school  districts  or  subdivision  of  the  city  school 
government  being  of  an  age  suitable  to  attend  common 
schools,  who  have  not  been  already  vaccinated,  and  make 
a  list  of  the  names  of  such  children  or  persons.  It  also 
shall  be  the  duty  of  said  Trustees  or  Board  to  provide,  for 
the  vaccination  of  all  such  children  or  persons  in  their  re- 
spective school  districts,  a  good  and  reliable  vaccine  virus 
whei'ewith  to  vaccinate  such  children  or  persons  who  have 
not  been  vaccinated.  And  when  so  vaccinated  to  give  a 
certificate  of  vaccination,  which  certificate  shall  be  evi- 
dence thereof  for  the  purpose  of  complying  with  section  one. 

Sec.  4.  The  necessary  expenses  incurred  by  the  pro- 
visions of  this  Act  shall  be  paid  out  of  the  common  school 
moneys  apportioned  to  the  district,  city,  or  town.  And  if 
there  be  not  sufficient  money,  the  Trustees  must  notify 
the  Board  of  Supervisors  of  the  amount  of  money  neces- 
sary, and  the  Board  must,  at  the  time  of  levying  the 
county  tax,  levy  a  tax  on  the  taxable  property  in  the  dis- 
trict suflBcient  to  raise  the  amount  needed.  The  rate  of 
taxation  is  ascertained  by  deducting  fifteen  per  cent,  for 
delinquencies  from  the  assessment,  and  the  rate  must  be 
based  upon  the  remainder.  The  tax  so  levied  must  be 
computed  and  entered  upon  the  assessment  roll  by  the 
County  Auditor,  and  collected  at  the  same  time  and  in  the 
same  manner  as  State  and  county  taxes,  and  when  col- 
lected shall  be  paid  into  the  County  Treasury  for  the  use 
of  the  district. 

Sec.  5.  The  Trustees  of  the  several  school  districts  of 
this  State  are  hereby  required  to  include  in  their  annual 
report,  and  report  to  the  Secretary  of  the  State  Board  of 
Health,  the  number  in  their  several  districts  between  the 
ages  of  five  and  seventeen  years  who  are  vaccinated  and 
the  number  unvaccinated. 

Sec.  6.  This  Act  shall  take  eflfect  immediately. 


SCHOOL    LAW. 


ACT  RELATIVE  TO  ISSUE  OF  BONDS  BY  SCHOOL 
DISTRICTS. 


[Approved  March  23,  1893.] 

The  People  of  the  Slate  of  California,  represented  in  Senate 
and  Assembly,  do  enact  as  foUoivs  : 

Section  1.  The  Board  of  Education  of  any  school  dis- 
trict in  a  city  of  the  fifth  class,  or  of  any  school  district 
which  embraces  territory,  a  portion  of  which  is  without 
such  city  of  the  fifth  class,  may,  when  in  their  judgment 
it  is  advisable,  and  must,  when  requested  by  the  Board  of 
Trustees  of  such  city,  call  an  election  and  submit  to  the 
electors  of  the  district  whether  the  bonds  of  such  district 
shall  be  issued  and  sold  for  the  purpose  of  raising  money 
to  purchase  school  lots,  and  for  building  or  purchasing  one 
or  more  school-houses,  and  supplying  the  same  with  fur- 
niture, necessary  apparatus,  and  improving  the  grounds, 
and  for  liquidating  any  indebtedness  already  incurred  for 
such  purposes. 

Sec.  2.  Such  election  must  be  called  by  posting  notices, 
signed  by  the  Board  of  Education,  in  three  of  the  most 
public  places  in  the  district,  for  not  less  than  twenty  days 
before  the  election,  and  by  publishing  such  notices,  in 
some  newspaper  published  in  such  city,  not  less  than  once 
a  week  for  three  successive  weeks. 

Sec.  3.  Such  notices  must  contain  : 

1.  The  time  and  place  of  holding  such  election. 

2.  The  names  of  one  Inspector  and  two  Judges  in  each 
voting  precinct  in  said  district,  to  conduct  the  same. 

3.  The  hours  during  the  day,  not  less  than  six  hours,  in 
which  the  polls  will  be  open. 

4.  The  amount  and  denomination  of  the  bonds,  the  rate 
of  interest,  and  the  number  of  years,  not  exceeding  ten, 
the  whole  or  any  part  of  said  ]L)ond3  are  to  run. 

Sec.  4.  Such  election  shall  be  held,  in  all  respects  as 


SCHOOL  LAW.  227 

nearly  as  practicable,  in  conformity  with  the  general  elec- 
tion law  ;  provided,  that  no  particular  form  of  ballot  shall 
be  required,  excepting  that  the  words  to  appear  on  the 
ballots,  which  shall  be  "Bonds— Yes,"  or  "  Bonds — No  ;" 
nor  shall  any  informalities,  not  amounting  to  fraud  in  con- 
ducting such  election,  invalidate  the  same. 

Sec.  5.  On  the  seventh  day  after  said  election,  at  one 
o'clock  p.  M.,  the  returns  having  been  made  to  the  Board 
of  Education,  the  Board  must  meet  and  canvass  said 
returns,  and  if  it  appears  that  tMo-thirds  of  the  votes  cast 
at  said  election  were  in  favor  of  issuing  such  bonds,  then 
the  Board  shall  cause  an  entry  of  that  fact  to  be  made 
upon  its  minutes,  and  shall  certify  to  the  Board  of  Super- 
visors of  the  county  in  which  said  district  is  located,  the 
proceedings  had  in  the  premises ;  and  thereupon  said 
Board  of  Supervisors  shall  be  and  they  are  hereby  author- 
ized and  directed  to  issue  the  bonds  of  such  district  to  the 
number  and  amount  provided  in  such  proceedings,  payable 
out  of  the  Bond  Fund  of  such  district  (naming  the  same), 
and  that  the  money  shall  be  raised  by  taxation  upon  the 
taxable  property  in  said  district  for  the  redemption  of 
said  bonds,  and  the  payment  of  the  interest  thereon  ;  pro- 
vided, that  the  total  amount  of  bonds  so  issued  shall  not 
exceed  five  per  cent  of  the  taxable  property  of  the  district, 
as  shown  by  the  last  equalized  assessment  of  the  property 
in  such  school  district. 

Sec.  G,  The  Board  of  Supervisors,  by  an  order  entered 
upon  its  minutes,  shall  prescribe  the  form  of  said  bonds, 
and  of  the  interest  coupons  attached  thereto,  and  must 
fix  the  time  when  the  whole  or  any  part  of  the  principal 
of  said  bonds  shall  be  payable,  which  shall  not  be  more 
than  ten  years  from  the  date  thereof. 

Sec.  7.  Said  bonds  must  be  payable  in  gold  coin  of  the 
United  States,  must  be  signed  by  the  President  of  the 
Board  of  Supervisors  and  countersigned  by  the  Clerk  of 
the  county,  who  must  affix  the  county  seal  thereto  ;  must 
not  bear  a  greater  rate  of  interest  than  eight  per  cent, 
said  interest  to  be  payable  semi-annually  in  like  gold  coin, 
and  said  bonds  must  be  sold  in  the  manner  prescribed  by 
the  Board  of  Supervisors,  but  for  not  less  than  par,  in 
gold  coin  of  the  United  States,  and  the  proceeds  of  the 
sale  thereof  must  be  deposited  in  the  County  Treasury  to 
the  credit  of  the  Building  Fund  of  said  school   district, 


228  SCHOOL   LAW. 

and  be  drawn  out  for  the  purpose  aforesaid,  as  other  school 
moneys  are  drawn  out. 

Sec,  8.  The  Board  of  Supervisors,  at  the  time  of  making 
the  levy  of  taxes  for  county  purposes,  must  levy  a  tax  for 
that  year  upon  the  taxable  property  in  such  district  for 
the  interest  and  redemption  of  said  bonds,  and  such  tax 
must  not  be  less  than  sufficient  to  pay  the  interest  on  said 
bonds  for  that  year,  and  such  portion  of  the  principal  as 
is  to  become  due  during  such  year,  and  in  any  event  must 
be  high  enough  to  raise  annually,  for  the  first  half  of  the 
term  said  bonds  have  to  run,  a  sufficient  sum  to  pay  the 
interest  thereon,  and  dui'ing  the  balance  of  the  term  high 
enough  to  pay  such  annual  interest,  and  to  pay  annually 
a  proportion  of  the  principal  of  said  bonds  equal  to  a  sum 
produced  by  taking  the  whole  amount  of  said  bonds  out- 
standing and  dividing  it  by  the  number  of  years  said  bonds 
then  have  to  run  ;  and  all  moneys  so  levied,  when  col- 
lected, shall  be  paid  into  the  County  Treasury  to  the 
credit  of  the  Building  Fund  of  such  district,  and  be  used 
for  the  payment  of  principal  and  interest  on  said  bonds, 
and  for  no  other  purpose.  The  principal  and  interest  on 
said  bonds  shall  be  paid  by  the  County  Treasurer,  upon 
the  warrant  of  the  Auditor,  out  of  the  fund  provided 
therefor  ;  and  it  shall  be  the  duty  of  the  Auditor  to  cancel 
and  file  with  the  Treasurer  the  bonds  and  coupons  as  rap- 
idly as  they  are  paid. 

Sec.  9.  If  the  Board  of  Supervisors  of  any  county  in 
which  any  school  district  has  issued  bonds  under  the  pro- 
visions of  this  Act  shall  fail  to  make  the  levy  necessary 
to  pay  such  bonds  or  interest  coupons  at  maturity,  and 
the  same  shall  have  been  presented  to  the  County  Treas- 
urer, and  the  payment  thereof  refused,  the  owner  may  file 
the  bonds,  together  with  all  unpaid  coupons,  with  the 
State  Controller,  taking  his  receipt  therefor,  and  the  same 
shall  be  registered  in  the  State  Controller's  office  ;  and 
the  State  Board  of  Equalization  shall,  at  their  next  session, 
and  at  each  annual  equalization  thereafter,  add  to  the 
State  tax  to  be  levied  in  said  district  a  sufficient  rate  to 
raise  the  amount  of  principal  and  interest  past  due  prior 
to  the  next  levy,  and  the  same  shall  be  levied  and  col- 
lected as  a  i>art  of  the  State  tax,  and  paid  into  the  State 
Treasury,  and  passed  to  the  special  credit  of  such  district 
bond  tax,  and  shall  be  paid  by  warrants,  as  the  payments 


SCHOOL   LAW.  229 

mature,  to  the  holder  of  such  registered  obligations,  as 
shown  by  the  register  in  the  office  of  the  State  Controller, 
until  the  same  shall  l^e  fully  satisfied  and  discharged  ;  any 
balance  then  remaining  shall  be  transmitted  to  the  Treas- 
urer of  the  county  in  which  is  situated  the  district  by 
which  such  bonds  were  issued,  and  shall  be  placed  by  the 
County  Treasurer  to  the  credit  of  the  General  School 
Fund  of  said  district. 

Sec.  10.  The  Act  approved  March  thirty-first,  eighteen 
hundred  and  ninety-one,  entitled  "  An  Act  to  enable  cities 
of  the  fifth  class  to  issue  bonds  for  the  purpose  of  raising 
money  to  purchase  school  lots,  and  for  building  or  pur- 
chasing one  or  more  school  houses  and  supplying  the  same 
with  furniture,  necessary  apparatus,  and  improving  the 
grounds,  and  for  liquidating  any  indebtedness  already 
incurred  for  such  purposes,"  is  hereby  repealed. 

Sec.  11.  This  Act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


230  SCHOOL   LAW, 


MANAGEMENT  OF  SCHOOLS. 


RULES   AND    REGULATIONS   OF   THE   PUBLIC   SCHOOLS   OE 
CALIFORNIA. 


[Adopted  bj'  the  State  Board  of  Education,  in  accordance  with  sub- 
division one  of  section  fifteen  hundred  and  twenty-one  of  the 
PoUtical  Code,  and  required  to  be  enforced  in  all  public  schools, 
according  to  subdivision  one  of  section  sixteen  hundred  and 
ninety-six  of  the  Political  Code.] 

Section  1.  Teachers  are  required  to  be  present  at  their 
respective  school-rooms,  and  to  open  them  for  the  admis- 
sion of  the  pupils,  at  fifteen  mmutes  he/ore  the  time  pre- 
scribed for  conmiencing  schools,  and  to  observe  punctually 
the  hours  for  opening  and  closing  school. 

Sec.  2.  Unless  otherwise  provided  by  special  action  of 
Trustees  or  Boards  of  Education,  the  daily  school  session 
shall  commence  at  nine  o'clock  a.  m.  and  close  at  four 
o'clock  p.  M.,  with  an  intermission  at  noon  of  one  hour, 
from  twelve  m.  to  one  o'clock  p.  m..  There  shall  be  al- 
lowed a  recess  of  twenty  minutes  in  the  forenoon  session — 
from  ten-forty  to  eleven  o'clock— and  a  recess  of  twenty 
minutes  in  the  afternoon  session — from  two-forty  to  three 
o'clock.  When  boys  and  girls  are  allowed  separate  recesses, 
iifteen  minutes  shall  be  allowed  for  each  recess. 

Sec.  .3.  Jn  graded  primary  schools  in  which  the  average 
age  of  the  pupils  is  eight  years,  the  daily  session  shall  not 
exceed  four  hours  a  day,  exclusive  of  the  intermission  at 
noon,  and  inclusive  of  the  recesses.  If  such  schools  are 
opened  at  nine  o'clock  a.  m.,  they  shall  be  closed  at  two 
o'clock  p.  M.  In  ungraded  schools,  all  children  under 
eight  years  of  age  shall  ])e  cither  dismissed,  (i/tcr  a  four 
hours''  session,  or  allowed  recesses,  for  play,  of  such  length 
that  the  actual  continement  in  the  school-room  shall  not 
exceed  three  hours  and  a  half. 

Skc.  4.  No  jnipil  shall  be  detained  in  school  during  the 
iiiterniission  at  noon,  and  a  pupil  detained  at  any  recess 


SCIIUOI.    LAW.  231 

shall  be  permitted  to  go  out  immediately  thereafter.  All 
pupils,  except  those  detained  for  punishment,  shall  he  re- 
f/uired  to  pass  out  of  the  school-rooms  at  recess,  unless  it 
would  occasion  an  exposure  of  health. 

Sec.  5.  Principals  sliall  be  held  responsible  for  the  gen- 
eral management  and  discipline  of  their  schools,  and  the 
studies  pursued  ;  and  the  assistant  teachers  shall  follow 
their  directions,  and  co-operate  with  them,  not  only  dur- 
ing school  hours,  but  during  the  time  when  the  pupils  are 
on  the  school  premises,  before  and  after  school,  and  during 
recesses.  Assistants  shall  be  held  responsible  for  the 
studies,  order,  and  discipline  of  their  own  room.s,  under 
the  general  direction  of  the  Principals. 

Sec.  6.  Teachers  are  particularly  enjoined  to  devote 
their  time  faithfully  to  a  vigilant  and  watchful  care  over 
the  conduct  and  habits  of  the  pupils  during  the  time  for  re- 
laxation and  play,  before  and  after  school,  and  during  the 
recesses,  both  in  the  school  buildings  and  on  the  play- 
grounds. 

Sec.  7.  It  is  expected  that  teachers  will  exercise  a  gen- 
eral inspection  over  the  conduct  of  scholars  going  to  and 
returning  from  school.  They  shall  exert  their  influence  to 
prevent  all  quarreling  and  disagreement,  all  rude  and 
noisy  behavior  in  the  streets,  all  vulgar  and  profane  lan- 
guage, all  improper  games,  and  all  disrespect  to  citizens 
and  strangers. 

Sec.  8.  Teachers  shall  prescribe  such  rules  for  the  use 
of  yards,  basements,  and  outbuildings  connected  with  the 
school-houses,  as  shall  insure  their  being  kept  in  a  neat 
and  proper  condition,  and  sJiall  examine  them  as  often  as 
may  be  necessary  for  such  purpose.  Teachers  shall  he  held 
responsible  for  any  want  of  neatness  or  cleanliness  about 
their  school  premises. 

Sec.  9.  Teachers  shall  give  vigilant  attention  to  the  ven- 
tilation and  temperature  of  their  school-rooms.  At  each 
recess  the  windows  and  doors  shall  be  opened  for  the  pur- 
pose of  changing  the  atmosphere  of  the  room.  Teachers 
are  required  to  exercise  reasonable  supervision- over  the 
text-books  of  the  pupils,  to  inspect  the  same  from  time  to 
time,  and  prevent  their  defacement  or  wanton  destruction. 

Sec.  10.  Teachers  shall  enter  in  the  school  register,  in 
the  order  of  their  application,  the  names  of  all  those  ap- 
plying for  admission  to  the  school  after  the  prescribed 


232  SCHOOL    LAW. 

number  of  pupils  has  been  received.  Such  applicants 
shall  be  admitted  to  seats  whenever  a  vacancy  occurs  in 
any  class  for  which  they  have  been  found  duly  qualified, 
in  the  order  of  their  registration. 

Sec.  11.  Teachers  are  authorized  to  ?-C(7!aVe  excM-ses  from 
the  parents  or  guardians  of  pupils,  either  in  person  or  by 
written  note,  in  all  cases  of  absence  or  tardiness,  or  of  dis- 
missal before  the  close  of  school. 

Sec.  12.  No  person  shall  be  allowed  to  retain  connection 
with  any  public  school,  unless  furnished  with  books,  slates, 
and  other  utensils  required  to  be  used  in  the  class  to  which 
he  belongs  ;  provided,  that  no  pupil  shall  be  excluded  for 
such  cause,  unless  the  parent  or  guardian  shall  have  been 
furnished  by  the  the  teacher  with  a  list  of  books  or  articles 
needed,  and  one  week  shall  have  elapsed  after  such  notice 
without  the  pupil  obtaining  said  books.  Books  may  be 
furnished  to  indigent  children  by  the  Trustees,  at  the  ex- 
pense of  the  district,  whenever  the  teacher  shall  have  cer- 
tified in  writing  that  the  pupil  applying  is  unable  to  pur- 
chase such  books. 

Sec.  13.  Any  pupil  who  shall  in  any  way  cut  or  other- 
wise injure  any  school-house,  or  injure  any  fences,  trees, 
or  outbuildings  belonging  to  any  of  the  school  estates,  or 
shall  write  any  profane  or  obscene  language,  or  make  any 
obscene  pictures  or  characters  on  the  school  premises, 
shall  be  liable  to  suspension,  expulsion,  or  other  punish- 
ment, according  to  the  nature  of  the  offense.  The  teacher 
may  suspend  a  pupil  temporarily  for  such  offense,  and  shall 
notifu  the  Trustees  of  said  action.  Pupils  shall  not  be  al- 
lowed to  remain  in  any  of  the  rooms  that  are  provided 
with  improved  styles  of  furniture,  except  in  the  presence 
of  a  teacher,  or  a  monitor  who  is  made  especially  respon- 
sible for  the  care  of  the  seats  and  desks.  All  damage  done 
to  school  property  by  any  of  the  pupils  shall  be  repaired 
at  the  expense  of  the  party  committing  the  trespass. 
Within  one  week  of  any  damage  to  school  property, 
teachers  shall  notify  the  Trustees,  or  be  held  personally 
responsible.    ' 

Sec.  14.  All  pupils  who  go  to  school  without  proper  at- 
tention having  been  given  to  personal  cleanliness,  or  neat- 
ness of  dress,  shall  be  sent  home  to  be  properly  prepared 
for  school,  or  shall  be  required  to  prepare  themselves  for 


SCHOOL    LAW.  233 

the  school-room  before  entering.  Every  school-room  sJialL 
he  provided  with  a  wash  basin,  soap,  and  towels. 

Sec.  15.  No  pupils  affected  with  any  contagious  disease 
shall  be  allowed  to  remain  in  any  of  the  public  schools. 

kipc^Lfi*.  The  books  used  and  the  studies  pursued  shall 
be  sucli,  (f-'id  such  only,  as  may  be  authorized  l)y  the  local 
Board  of  Education  ;  and  no  teacher  shall  require  or  ad- 
vise any  of  the  pupils  to  purchase  for  use  in  the  schools 
any  book  not  contained  in  the  list  of  books  directed  and 
authorized  to  be  used  in  the  schools. 

Sec  17.  It  shall  be  the  duty  of  the  teachers  of  the 
schools  to  read  to  the  pupils,  from  time  to  time,  so  much 
of  the  school  regulations  as  apply  to  them,  that  they  may 
have  a  clear  understanding  of  the  rules  by  which  they  are 
governed. 

Sec.  18.  In  all  primary  schools,  exercises  in  free  calis- 
thenics and  vocal  and  hreatldng  exercises  shall  be  given  at 
least  twice  a  day,  and  for  a  time  not  less  than  from  three 
to  five  minutes  for  each  exercise. 

Sec.  19.  The  following  supplies  shall  be  provided  by 
the  District  Clerk  under  the  provisions  of  section  one 
thousand  six  hundred  and  fifty-one  of  the  Political  Code, 
on  the  written  requisition  of  the  teachers,  viz. :  Clocks, 
brooms,  dusting  brushes,  wash  basins,  water  buckets,  tin 
cups,  dustpans,  matches,  ink,  ink  bottles,  pens,  pen- 
holders, pencils,  crayon  chalk,  writing  and  drawing  paper, 
hand  bells,  coal  buckets  or  wood  boxes,  shovels,  pokers, 
soap,  towels,  thermometers,  door  mats,  and  scrapers. 

Sec.  20.  Trustees  are  required  to  employ  a  suitable  per- 
son to  sweep  and  take  care  of  the  school-house,  and  they 
shall  make  suitable  provision  for  supplying  the  school 
with  water.  (See  Section  1617,  Subdivision  7.)  In  the 
case  of  the  failure  of  the  Trustees  to  employ  a  janitor,  as 
provided  for  in  section  sixteen  hundred  and  seventeen, 
subdivision  seventh,  of  this  Code,  the  County  Superinten- 
dent shall  appoint  a  janitor,  who  shall  be  paid  out  of  the 
School  Fund  of  the  district.  (See  Section  1543,  Subdivi- 
sion 12.) 

Sec.  21.  It  shall  be  the  duty  of  teachers  to  report  to 
the  County  Superintendent  the  books  used  in  their  schools, 
together  with  the  number  of  pupils  in  the  several  divisions 
of  each  grade.     This  report  must  be  made  at  the  begin- 


234  SCHOOL    LAW. 

ning  and  close  of  each  school  session  or  year,     (See,  also, 
Section  1696,  Subdivisions  5  and  6.) 

Sec.  22.  The  District  Clerk,  at  the  close  of  each  term 
of  school,  or  whenever  a  teacher  is  discharged,  shall  cer- 
tify on  the  back  of  the  order  for  the  last  month's  salary 
that  the  State  School  Register  has  been  properly  kept. 


RULES  FOR  PUPILS. 

1.  Every  pupil  is  expected  to  attend  school  punctually 
and  regularly;  to  conform  to  the  regulations  of  the  school, 
and  to  obey  promptly  all  the  directions  of  the  teachers  ; 
to  observe  good  order  and  propriety  of  deportment ;  to 
be  diligent  in  study,  respectful  to  teachers,  and  kind  and 
obliging  to  schoolmates  ;  to  refrain  entirely  from  the  use 
of  profane  and  vulgar  language,  and  to  be  clean  and  neat 
in  person  and  clothing. 

2.  Pupils  are  required,  in  all  cases  of  absence,  to  bring, 
on  their  return  to  school,  an  excuse,  in  writing,  from  their 
parents  or  guardians,  assigning  good  and  sufficient  reasons 
for  such  absence. 

3.  All  pupils  who  have  fallen  behind  their  grades,  by 
absence  or  irregularity  of  attendance,  by  indolence  or  in- 
attention, shall  be  placed  in  the  grade  below,  at  the  dis- 
cretion of  the  teacher. 

4.  No  pupil  shall  be  permitted  to  leave  school  at  recess, 
or  at  any  other  time  before  the  regular  hour  for  closing 
school,  except  in  case  of  sickness,  or  on  written  request  of 
parent  or  guardian. 

5.  Any  scholar  who  shall  be  absent  one  week  without 
giving  notice  to  the  teacher,  shall  lose  all  claim  to  his  par- 
ticular desk  for  the  remainder  of  the  term,  and  shall  not 
be  considered  a  member  of  the  school. 

6.  Each  scholar  shall  have  a  particular  desk,  and  shall 
keep  the  same  and  the  floor  beneath  in  a  neat  and  orderly 
manner. 

INSTRUCTIONS  TO  TEACHERS. 

\  1 .  Teachers  will  endeavor  to  make  themselves  acquainted 
with  parents  and  guardians,  in  order  to  secure  their  aid 
and  co-operation,  and  to  better  understand  the  temper- 
aments, characteristics,  and  wants  of  the  children. 


SCHOOL   LAW.  235 

*  2.  Tuacliers  shall  daily  examine  the  lessons  of  their  va- 
rious classes,  and  make  such  special  preparations  upon 
them,  if  necessary,  as  not  to  be  constantly  confined  to  the 
text-book  ;  and  instruct  all  their  pupils,  without  partial- 
ity, in  those  l)ranclies  of  school  studies  which  their  various 
classes  may  be  pursuing.  In  all  their  intercourse  M-ith 
their  scholars  they  are  required  to  strive  to  impress  on 
their  minds,  both  by  precept  and  example,  the  great  im- 
portance of  continued  efforts  for  improvement  in  morals 
and  manners,  and  deportment,  as  well  as  in  useful  learn- 
ing. 

3.  Teachers  should  explain  each  new  lesson  assigned,  if 
necessary,  by  familiar  remarks  and  illustrations ;  that 
every  pupil  may  know,  before  he  is  sent  to  his  seat,  what 
he  is  expected  to  do  at  the  next  recitation,  and  how  it  is 
to  be  done. 

^4.  Teachers  should  only  use  the  text-book  for  occasional 
reference,  and  should  not  permit  it  to  be  taken  to  the 
recitation,  to  be  referred  to  by  the  pupils,  except  in  cases 
of  such  exercises  as  absolutely  require  it.  They  should 
assign  many  questions  of  their  own  preparing,  involving 
an  application  of  what  the  pupils  have  learned  to  the  busi- 
ness of  life. 

5.  Teachers  should  endeavor  to  arouse  and  affix  the  at- 
tention of  the  whole  class,  and  to  occupy  and  to  bring  into 
action  as  many  of  the  faculties  of  the  pupils  as  possible. 
They  should  never  proceed  with  the  recitation  without 
the  attention  of  the  whole  class,  nor  go  round  the  class 
with  recitations  always  in  the  same  order  or  in  regular 
rotation. 

,\  6.  Teachers  should  at  all  times  exhibit  proper  animation 
themselves,  manifesting  a  lively  interest  in  the  siibject 
taught;  avoid  all  heavy,  plodding  movements,  all  formal 
routine  in  teaching,  lest  the  pupil  be  dull  and  drowsy,  and 
imbibe  the  notion  that  he  studies  only  to  recite. 


DISTRICT  LIBRARIES. 

The  Library  Fund  is  deducted  from  the  County  School 
Fund  annually  apportioned  to  districts  and  cities,  in  ac- 
cordance with  sections  one  thousand  seven  hundred  and 


236  SCHOOL    LAW. 

thirteen  and  one  thousand  seven  hundred  and  fourteen  of 
the  Political  Code. 

Boards  of  Trustees  and  of  Education  must  expend  this 
fund  in  the  purchase  of  apparatus,  and  of  such  books  only 
as  are  adopted  by  the  County  Boards  of  Education,  and 
for  no  other  purpose  whatever. 

The  Library  Fund  is  sufficient  to  create  the  nucleus  of 
a  library,  which,  if  judiciously  chosen  and  protected,  can- 
not fail  to  add  greatly  to  the  intellectual  resources  of  the 
district. 

Every  district  library  should  provide  itself  with  a  suit- 
able bookcase  and  Librarian's  book  ;  the  school  teacher 
should  act  as  Librarian  during  the  school  term,  and  a 
report  of  the  condition  and  wants  of  the  library  should 
accompany  each  annual  report. 

Every  district  library  should  contain  a  bound  copy  of 
the  school  law,  the  reports  of  the  State  Superintendent  of 
Public  Instruction,  and  a  school  record  book,  to  be  kept 
permanently  in  the  librarj^  containing  the  names  of  school 
officers  and  teachers,  the  names  and  standing  of  scholai-s, 
with  notices  by  teachers  or  pupils  of  any  memorable  inci- 
dents in  the  history  of  the  school.* 

Those  districts  which  already  have  a  fair  collection  will 
do  well  to  purchase  sets  of  standard  authors.  As  a  gen- 
eral rule,  however,  the  aim  should  be  to  make  the  library 
do  the  greatest  good  to  the  greatest  number.  We  advise 
that  the  first  purchase  should  be  of  books  of  reference  only, 
which  are  to  the  scholar  what  the  railroad  guide  is  to  the 
traveler.  Next  to  knowing  a  thing  is  knowing  where  to 
find  what  is  known  about  it ;  and  books  of  reference, 
though  they  seem  costly,  are  the  most  valuable  and  the 
cheapest  for  small  libraries. 


RULES   FOR  DLSTRICT  LIBRARIES. 

L  The  Librarian  appointed  by  the  Trustees  shall  prop- 
erly label  and  number  each  book  in  the  district  library, 
and  keep  a  catalogue  of  the  same,  showing  the  title  and 
number  of  each  book. 

*  Superiutoudeuts  will  cheerfully  give  any  desired  assistance  to 
District  Trustees  in  niakiut'  selections. 


SCHOOL  LAW.  237 

2.  The  library  shall  be  open  for  drawing  and  returning 
books  [here  insert  such  time  as  may  be  determined  by  the 
Trustees  and  Librarian]. 

3.  Every  child  attending  school  shall  be  entitled  to  the 
privileges  of  the  library  ;  but  when  the  number  of  the 
books  is  insufficient  to  supply  all  the  pupils,  the  Libra- 
rian shall  determine  the  manner  in  which  books  may  be 
drawn. 

4.  No  person  shall  be  entitled  to  two  books  from  the 
library  at  the  same  time,  and  no  family  shall  draw  more 
than  one  book  while  other  families  wishing  books  remain 
unsupplied. 

5.  No  person  shall  loan  a  library  book  to  any  one  out 
of  his  own  house,  under  a  penalty  of  fifty  cents  for  each 
offense. 

6.  No  person  shall  retain  a  l)ook  from  the  library  more 
than  two  weeks,  under  a  penalty  of  ten  cents  for  each  day 
he  may  so  retain  it ;  and  no  person  may  draw  the  same 
book  a  second  time  while  any  other  person  wishes  to  draw 
it. 

7.  Any  person  losing  or  destroying  a  library  book  shall 
pay  the  cost  of  such  book  and  a  fine  of  fifty  cents;  and 
any  person  injuring  a  book  by  marking,  tearing,  or  unnec- 
essarily soiling  it,  shall  be  liable  to  a  fine  of  not  less  than 
ten  cents  nor  more  than  the  cost  of  the  book,  to  be  deter- 
mined by  the  Librarian. 

8.  Any  person  refusing  or  neglecting  to  pay  any  penalty 
or  fine  shall  not  be  allowed  to  draw  any  book  from  the 
library. 

9.  The  Librarian  shall  report  to  the  Trustees,  quarterly, 
the  amount  of  fines  imposed  and  collected,  and  the  amount 
received  for  membership  dues  ;  and  all  moneys  accruing 
from  these  sources  shall  be  expended  for  the  purchase  or 
repair  of  books. 

10.  Any  person,  other  than  pupils  attending,  resident 
in  the  school  district,  may  become  entitled  to  the  privi- 
leges of  the  school  library  by  the  payment  of  an  admis- 
sion fee  of  one  dollar  and  a  monthly  membership  of 
twenty -five  cents. 

IL  Any  person  resident  in  the  district  who  shall  pay 
to  the  Trustees  the  sum  of  ten  dollars  shall  be  entitled  to 
a  life  membership  privilege  of  the  library. 

12.  The  Librarian  shall  report,  annually,  to  the  District 


238  .SCHOOL    LAW. 

Clerk,  ou  or  before  the  first  day  of  July,  the  number  and 
condition  of  books  in  the  library,  the  number  and  titles  of 
books  received  by  donation,  the  number  and  titles  of 
books  purchased,  the  amount  of  State  School  Library 
Fund  expended,  and  the  amount  derived  from  fines  and 
membership  fees. 

It  is  the  duty  of  the  Clerk  of  each  Board  of  District 
Trustees  and  the  Secretary  of  each  Board  of  Education  to 
place  each  number  of  the  official  educational  journal  in 
the  school  library  of  his  district  on  or  before  the  end  of 
the  month  in  which  such  number  was  issued. 

Note — Each  library  book  must  be  stamped  with  the  official  dis- 
trict stamp.    (See  Section  1712,  Subdivision  2,  School  Law.) 


SUPREME  COURT  DECISIONS. 


1.  No  statute  should  be  so  construed  as  to  give  it  a  ret- 
rospective effect  to  divest  the  rights  of  individuals  vested 
previous  to  its  passage,  or  previous  to  the  time  the  Act 
took  effect,  unless  such  intention  be  expressed  in  terms. 

Thorn  v.  San  Francisco,  4  Cal.,  127. 

2.  When  an  officer  is  elected  to  a  new  term,  he  should 
give  a  new  bond. 

The  People  v.  Aikenhead,  5  Cal.,  106. 
.S.  The  sureties  on  the  bond  of  an  officer  for  one  term 
will  not  be  liable  for  any  act  done  by  him  after  election 
to  a  second  term. 

The  People  v.  Aikenhead,  5  Cal.,  106. 

4.  A  resignation  is  eflfective  without  its  acceptance  by 
the  appointing  power. 

The  People  v.  Porter,  6  Cal.,  26. 

5.  The  power  to  remove  an  officer  is  an  incident  to  the 
power  to  appoint,  as  a  general  proposition,  and  is  made  so 
expressly  by  the  Constitution. 

People  V.  Hill,  7  Cal.,  97. 

6.  The  rule  is  well  settled  that  ihe  mere  receiving  and 
counting  votes,  improperly  given,  will  not  invalidate  an 
election. 

Whitney  v.  xMcKune,  12  Cal.,  352. 

7.  The  fact  that  the  candidate  receiving  the  highest 
number  of  votes  at  an  election  by  the  people  is  ineligible, 
does  not  give  the  office  to  the  next  highest  on  the  list. 

Saunders  v.  Haynes,  13  Cal.,  145. 

8.  Where  the  statute  confers  on  an  officer  power  to  ap- 
point a  deputy,  but  does  not  prescribe  the  duties  of  the 
deputy,  the  deputy  has  full  power  to  do  any  and  all  acts 
which  his  principal  may  perform  by  virtue  of  his  office. 

Muller  V.  Boggs,  25  Cal.,  175. 


240  SUPREME   COURT   DECISIONS. 

9.  The  Legislature  of  this  State  has  no  power  to  author- 
ize electors  to  give  their  votes  at  any  place  outside  of  the 
county  or  district  in  which  they  have  had  a  legal  residence 
for  thirty  days  previous  to  the  election. 

Bourlaud  v.  Hildreth,  26  Cal.,  161. 

10.  When  an  elector  moves  his  family  to  a  county  with 
the  intention  of  residing  there,  that  is  the  county  where 
he  should  vote,  while  his  family  remains  there,  although 
he  passes  his  time  and  works  in  an  adjoining  county. 

People  V.  Holden,  28  Cal.,  123. 

11.  The  thirty  days'  residence  in  a  county  to  entitle  an 
elector  to  vote  must  be  ascertained  by  excluding  the  day 
of  election. 

People  V.  Holden,  28  Cal.,  123. 

12.  The  incumbent  of  an  office  created  by  the  Legisla- 
ture, who  has  been  elected  or  appointed  to  the  same,  not- 
withstanding the  expiration  of  the  term  for  which  he  was 
elected  or  appointed,  continues  to  hold  the  office  until  a 
successor  has  been  duly  elected  or  appointed. 

People  V.  Stratton,  28  Cal.,  382. 

13.  An  alien  cannot  hold  office  in  this  State. 
Walter  v.  Robolt,  30  Cal.,  185. 

14.  Whenever  the  word  ' '  month  "  is  used  in  the  Con- 
stitution and  laws  of  this  State,  without  any  qualification, 
a  calendar  and  not  a  lunar  month  is  intended. 

Sprague  v.  Norway,  31  Cal.,  173. 

15.  Whenever  the  Legislature  of  this  State  raises  a 
fund,  by  taxation  or  otherwise,  for  the  support  of  common 
schools,  any  contemporaneous  or  subsequent  legislation, 
having  for  its  object  the  diversion  of  such  fund  to  any 
other  purpose,  is  in  contravention  of  the  second  section  of 
Article  IX  of  the  State  Constitution,  and  is  void. 

Crosby  v.  Lyon,  37  Cal.,  242. 

16.  The  clause  of  Section  2,  Article  IX,  of  the  Consti- 
tution, which  provides  **  *  *  *  and  such  otlier  means 
as  the  Legislature  may  provide,  shall  be  inviolably  appro- 
priated to  the  support  of  schools  throughout  the  State," 
includes  as  such  "  wiea«.s "  any  fund  arising  from  annual 
taxation  for  school  purposes,  levied  under  general  laws 
pas.sed  for  that  purpose. 

Crosby  v.  Lyou,  37  Cal,  242. 


SUPREME   COURT   DECISIONS.  241 

17.  A  statute  having  the  effect  to  exempt  the  taxable 
property  of  a  railroad  company  in  any  county  from  the 
payment  of  a  school  tax  lawfully  levied  upon  the  taxable 
property  within  such  county,  is  in  contravention  of  Sec- 
tion 13,  of  Article  XI,  of  the  Constitution,  which  provides 
that  ' '  taxation  shall  be  equal  and  uniform  throughout  the 
State,"  and  so  far  is  void. 

Crosby  v.  Lyon,  37  Cal.,  242. 

18.  When  the  term  of  an  officer  expires,  and  the  law  or 
the  Constitution  authorizes  him  to  hold  over  until  his  suc- 
cessor is  elected  and  qualified,  the  old  incumbent  is  author- 
ized to  discharge  the  duties  of  the  office  until  a  qualified 
successor  presents  himself,  who  has  been  elected  by  the 
body  upon  w-hich  the  power  of  election  is  devolved. 

People  v.  Tilton,  37  Cal.,  614. 

19.  When  a  statute  does  not  designate  the  particular 
officer  by  whom  a  required  oath  may  be  administered  and 
certified,  it  may  be  taken  before  any  officer^having  general 
authority  to  administer  and  certify  oaths. 

Dunn  V.  Ketchum,  38  Cal.,  93. 

20.  A  tax  for  school  purposes  can  only  be  levied  after 
the  question  has  been  submitted  to  the  qualified  electors 
of  the  district,  in  the  manner  pointed  out  by  the  statute. 

People  V.  Castro,  39  Cal. ,  65. 

21.  If  the  Principal  of  a  public  graded  school  refuses  to 
receive  a  child  into  the  school  for  a  reason  which  is  not 
good  law,  but  there  is  a  good  legal  reason  for  the  refusal, 
the  Principal,  on  mandamus  to  compel  him  to  admit  such 
child,  will  not  be  precluded  from  relying  on  the  true 
reason  why  the  child  should  have  been  refused  admittance. 

Ward  V.  Flood,  48  Cal,  36. 

22.  A  Principal  of  a  public  school  may  refuse  a  child 
admission  as  a  scholar,  provided  such  child  has  not  suffi- 
cient education  to  enter  the  lowest  grade  of  such  school. 

Ward  V.  Flood,  48  Cal.,  36. 

23.  The  privilege  accorded  to  a  child  of  attending  the 
public  schools  is  not  a  privilege  appertaining  to  a  citizen 
of  the  United  States  as  such,  nor  can  any  person  demand 
admission  into  such  schools  on  the  mere  status  of  citizen- 
ship. 

Ward  V.  Flood,  48  Cal.,  3G. 


242  SUPREME  COURT  DECISTOVS. 

24.  The  opportunity  of  instruction  in  public  schools, 
given  by  the  statute  to  the  youth  of  the  State,  is  in  obe- 
dience to  the  special  command  of  the  State  Constitution, 
and  the  privilege  thereby  granted  is  a  legal  right,  as  much 
so  as  a  vested  right  in  property. 

Ward  V.  Flood,  48  Oal.,  36. 

25.  A  contract  made  in  violation  of  law  is  void,  and  no 
damages  can  be  recovered  for  its  non-fulfillment. 

McCullough  V.  Board  of  Ed.,  51  Cal.,  418. 

26.  The  office  of  School  Superintendent  of  a  county  is  a 
civil  office  within  the  meaning  of  Section  21  (Section  20  of 
the  new  Constitution),  Article  IV,  of  the  Constitution  of 
the  State. 

Crawford  v.  Dunbar,  52  Cal.,  36. 

27.  The  candidate  for  an  office  who  does  not  receive  a 
majority  or  a  plurality  of  the  votes  is  not  elected  because 
the  opposing  candidate  who  did  receive  a  majority  or  plu- 
rality of  the  votes  was  ineligible. 

Crawford  v.  Dunbar,  52  Cal.,  36. 

28.  An  election  held  for  the  purpose  of  imposing  a  tax 
in  a  school  district  must  be  held  in  strict  conformity  with 
the  law. 

People  V.  Scale,  52  Cal.,  620. 

29.  Under  Section  996  of  the  Political  Code,  an  office 
l)ecomes  vacant,  ipso  facto,  upon  the  incumbent  ceasing  to 
be  an  inhabitant  of  the  district  (if  the  office  be  local)  for 
which  he  was  elected,  or  within  which  the  duties  of  the 
office  are  required  to  be  discharged;  and  a  successor  may 
be  appointed  without  a  previous  adjudication  that  the 
office  is  vacant. 

The  People  ex  rel.  Tracy  v.  Brite,  55  Cal.,  79. 

30.  The  fixing  of  the  salaries  of  teachers  is  a  part  of  the 
management  of  the  schools,  and  comes  within  the  meaning 
of  that  term  as  used  in  subdivision  27  of  Section  25,  Ar- 
ticle IV,  of  the  Constitution. 

Earle  v.  Board  of  Ed.,  55  Cal.,  489. 

31.  It  is  not  essential  to  the  dedication  of  land  that  the 
legal  title  should  pass  from  the  owner;  nor  is  it  essential 
that  there  should  l)e  any  grantee  of  the  use  or  easement  in 
esse  to  take  the  fee,  such  cases  being  exceptions  to  the 
general  rule  requiring  a  grantee;  nor  is  a  deed  or  writing 


SUPKEMli   COURT    DECISIONS.  2-10 

necessary  to  constitute  a  valid  dedication;  it  may  be  by 
parol;  no  specific  length  of  possession  is  necessary  to  con- 
stitute a  valid  dedication.     Dedications  of  land  for  public 
or  charitable  uses  are  good  witliout  a  donee  to  take  title. 
Carpenteria  School  Dist.  v.  Heath,  56  Cal.,  478. 

32.  Under  Section  996  of  the  Political  Code,  an  office 
becomes  vacant  when  the  person  elected  thereto  does  not 
(jualify  at  all,  and  fails  to  file  his  official  oath  or  bond 
within  the  time  j)rescribed. 

People  V.  Taylor,  57  Cal.,  620; 
Payne  v.  San  Francisco,  3  Cal.,  125. 

33.  A  resolution  of  a  Board  of  Trustees  that  an  election 
should  be  called  to  submit  to  the  electors  of  a  school  dis- 
trict whether  a  tax  of  $2,500  should  be  raised  for  main- 
taining the  school  for  the  remainder  of  the  year,  and  for 
the  purchasing  and  inclosing  the  school  grounds,  and  com- 
pleting the  school  building  in  said  district,  and  the  notice 
of  the  election  being  substantially  to  the  same  effect,  it 
was  held  that  there  was  a  substantial  compliance  with  the 
law  notwithstanding  the  notice  did  not  specify  separately 
the  amounts  to  be  raised  for  each  particular  purpose. 

The  People  v.  Pratt,  59  Cal.,  77. 

34.  A  school  district  is  a  corporation  organized  for  edu- 
cational purposes,  and  can  therefore  take  by  will. 

Estate  of  Henry  M.  Buhner,  59  Cal.,  130. 

35.  The  assignment  of  his  salary  by  a  public  ofiicer  be- 
fore it  becomes  due,  is  contrary  to  public  policy,  and  void. 

Bangs  V.  Dunn,  66  Cal.,  72. 

36.  Children  between  six  and  twenty-one  years  of  age, 
of  Chinese  parentage,  who  were  born  and  have  always 
lived  in  the  City  and  County  of  San  Francisco,  are  entitled 
to  admission  into  the  public  schools  of  the  district  in  which 
they  reside;  and  teachers  are  not  justified  in  excluding 
them,  notwithstanding  a  resolution  of  the  Board  of  Edu- 
cation purports  to  conmiand  them  to  do  so. 

Tape  V.  Hurley,  66  Cal.,  473. 

37.  The  teacher  of  a  public  school  is  the  only  necessary 
defendant  in  a  proceeding  to  compel  the  admission  thereto 
of  a  child  unlawfully  excluded. 

Tape  V.  Hurley,  66  Cal.,  473. 


244  SUrREME    COURT    DECISIONS. 

38.  A  public  office  does  not  become  vacant,  except  upon 
the  happening  of  one  of  the  events  enumerated  in  Section 
996  of  the  Political  Code. 

Rosborough  v,  Boordman,  67  Cal.,  116. 

39.  Powers  conferred  upon  a  municipal  corporation,  in- 
volving the  exercise  of  judgment  and  discretion,  are  in  the 
nature  of  public  trusts,  and  cannot  be  delegated  to  others. 

Scolley  v.  Butte  Co.,  67  Cal.,  249. 

40.  An  employe  dismissed  by  his  employer  for  good 
cause  IS  not  entitled  to  any  compensation  for  services  ren- 
dered since  the  last  day  upon  which  a  payment  became 
due  to  him  under  the  contract  of  employment. 

Hartman  v.  Rogers,  69  Cal.,  643. 

41.  An  order  for  a  requisition  drawn  on  the  County  Su- 
perintendent of  Public  Schools  by  two  of  the  Trustees  of 
a  school  district,  one  of  whom  is  personally  interested  in 
it,  and,  therefore,  incompetent  to  act,  is  void  for  want  of 
the  sanction  of  a  competent  majority  of  the  Board  of  Trus- 
tees, whether  the  interested  Trustee  has  acted  fairly  or 
unfairly  in  the  matter. 

Shakspear  v.  Smith,  77  Cal.,  638. 

42.  In  an  action  by  a  taxpayer  to  compel  the  cancella- 
tion of  such  order,  and  to  restrain  the  Superintendent  of 
Schools  from  drawing  a  requisition  on  the  County  Auditor, 
the  parties  interested  in  the  order  and  the  Superintendent 
of  Schools  may  be  properly  joined  as  parties  defendant. 

Shakspear  v.  Smith,  77  Cal.,  6.38. 

43.  Such  an  order  is  not  a  negotiable  instrument  in  the 
sense  that  an  innocent  holder  for  value  is  protected. 

Shakspear  V.  Smith,  77  Cal.,  638. 

44.  Mandamus  will  lie  to  compel  the  Board  of  Educa- 
tion of  the  City  and  County  of  San  Francisco  to  draw  its 
draft  upon  the  School  Fund  to  pay  for  supplies  furnished 
to  the  schools  under  its  care,  in  pursuance  of  its  contract 
for  such  supplies;  and  the  remedy  against  its  members  by 
action  for  damages  is  not  so  competent  to  afford  relief 
upon  the  very  subject  matter  of  the  application,  or  so  con- 
venient, beneficial,  and  effective,  as  the  proceeding,  by 
mandamus,  and  will  not,  therefore,  supersede  that  remedy. 

Raisch  v.  Board  of  Education,  81  Cal.,  542. 


SUPREME    COURT    DECISIONS.  245 

45.  It  is  no  objection  to  such  mandamus  tliat  the  Board 
of  Education  has  discretion  to  allow  or  reject  a  claim.  It 
can  only  reject  a  claim  for  good  cause,  and  not  arbitrarily 
or  capriciously,  without  semblance  of  cause.  When  the 
findings  of  the  court  below,  whicli  are  not  assailed,  estab- 
lish clearly  that  supplies  were  furnished  under  a  contract 
with  the  Board  of  Education,  and  that  it  has  refused  to 
draw  its  draft  to  pay  for  them,  its  contract  for  the  pur- 
chase of  the  supplies  must  be  construed  as  a  contract  to 
draw  its  draft  upon  the  School  Fund  for  the  purchase 
money,  and  not  to  pay  money  directly,  and  a  proceeding 
against  it  by  mandamm  to  compel  the  drawing  of  such 
draft  will  be  sustained. 

Raisch  \^  Board  of  Education,  81  Cal.,  542. 

46.  Subsequent  to  the  Act  of  April  7,  1880,  repealing 
Sections  1669,  1670,  and  1671,  of  the  Political  Code,  and 
under  the  existing  laws  touching  the  education  of  children 
in  the  public  schools,  it  has  not  been,  and  is  not  now, 
within  the  power  of  Boards  of  Education  or  School  Trus- 
tees to  establish  public  schools  exclusively  for  children  of 
African  descent,  or  to  exclude  them  from  the  public 
schools  established  for  white  children. 

Mysinger  v.  Crookshanks,  82  Cal.,  588. 

47.  Construing  Section  1793  of  the  Political  Code  with 
Section  1617  of  the  same  Code  (which  should  be  done,  since 
they  form  part  of  the  same  statute  upon  the  same  subject), 
a  teacher,  elected  by  a  City  Board  of  Education,  M'ithout 
limitation  as  to  time,  is  entitled  to  hold  the  position  while 
competent  and  faithful,  and  can  only  be  dismissed  for  vio- 
lation of  the  rules  of  the  Board  of  Education,  or  for  in- 
competenc}',  or  for  i;nprofessional  or  immoral  conduct ; 
nor  can  such  teacher  be  transferred  against  his  will  to  a 
school  of  lower  grade,  without  contravention  of  the  law. 

Kennedy  v.  Board  of  Education,  82  Cal.,  483. 

48.  The  clause  of  Section  1793  of  the  Political  Code,  for- 
bidding the  removal  of  teachers,  except  for  cause,  which 
was  added  by  amendment  in  the  year  1881,  applies  to  all 
teachers  elected  by  Boards  of  Education,  and  protects 
them  in  the  right  to  continue  in  their  positions,  whether 
they  were  elected  before  or  after  its  enactment. 

Kennedy  v.  Board  of  Education,  82  Cal.,  483. 


246  SUPREME  COURT  DECISIONS. 

49.  The  statute  does  not  forbid  the  transfer  of  a  teacher 
by  the  Board  of  Education  from  one  school  to  another  of  the 
same  grade,  but  merely  guarantees  the  right  of  the  teacher 
to  continue  in  the  grade  to  which  he  was  elected  under  his 
city  certificate.  Removal  from  the  grade  in  which  the 
certificate  and  the  statute  confer  the  right  to  teach  is  as 
much  a  violation  of  the  statute  as  if  the  teacher  were  dis- 
missed without  cause,  and  not  given  another  position. 

Kennedy  v.  Board  of  Education,  82  Cal.,  483. 

50.  The  general  provisions  of  the  Political  Code,  as  to 
the  control  of  city  schools  bj^  the  Board  of  Education,  are 
applicable  to  the  City  and  County  of  San  Francisco;  and 
it  is  not  governed  by  the  Consolidation  Act  alone.  The 
general  statute  which  applies  to  all  cities  must  control 
special  statutes  made  applicable  to  particular  cities. 

Kennedy  v.  Board  of  Education,  82  Cal.,  483. 

51.  The  rules  adopted  by  the  Board  of  Education  can- 
not control  the  provisions  of  the  statute,  and  are  imma- 
terial in  determining  tlie  statutory  rights  of  a  teacher. 

Kennedy  v.  Board  of  Education,  82  Cal.,  483. 

52.  The  fact  that  another  teacher  has  been  placed  in 
the  position  from  which  the  teacher  originally  entitled 
thereto  has  been  unlawfully  removed,  cannot  affect  the 
right  of  the  removed  teacher  to  a  mandamus  to  regain  the 
position.  The  position  is  not  in  the  nature  of  an  office, 
within  the  rule  that  inaiuhiinus  cannot  be  used  to  regain 
an  office  claimed  by  or  in  possession  of  another. 

Kennedy  v.  Board  of  Education,  82  Cal.,  483. 

53.  Mandamus  is  the  proper  remedy  to  restore  a  teacher 
in  the  public  schools  to  a  right  given  by  express  law,  from 
which  he  is  unlawfully  precluded. 

Kennedy  v.  Board  of  Education,  82  Cal.,  483. 

54.  Subsequent  to  the  Act  of  April  7,  1880,  repealing 
Sections  J  669,  1670,  and  1671  of  the  Political  Code,  and 
under  the  existing  laws  touching  the  education  of  chil- 
dren in  the  public  schools,  it  has  not  been,  and  is  not  now, 
within  the  power  of  Boards  of  Education  or  School  Trus- 
tees to  establish  public  schools  exclusively  of  African  de- 
scent or  to  exclude  them  from  the  public  schools  established 
for  white  chiklren. 

Mysinger  v.  Crookshanks,  82  Cal.,  558. 


SUPHEME    COURT    DECISIONS.  247 

55.  The  Act  of  1889,  entitled  "An  Act  to  encourage 
and  provide  for  a  general  vaccination  in  the  State  of  Cali- 
fornia," which  provides  tor  the  vaccination  of  all  children 
attending  the  public  schools,  and  for  the  exclusion  of  un- 
vaccinated  children  therefrom,  safhciently  expresses  the 
subject  of  the  Act  in  its  title,  is  sufficiently  general  in  its 
scope,  and  is  a  constitutional  exercise  of  the  public  power 
of  the  Legislature. 

Abeel  v.  Clark,  84  Cal.,  226. 
5C).  It  is  for  the  Legislature  to  determine  what  is  for 
the  public  good,  and  what  are  necessary  and  salutary  bur- 
dens to  impose  upon  a  general  class  of  persons  to  prevent 
the  spread  of  disease,  and  its  discretion  cannot  be  con- 
trolled by  the  courts,  if  its  action  is  not  clearly  evasive 
and  unlawful,  under  pretense  of  lawful  authorit}^. 

Abeel  v.  Clark,  84  Cal.,  226. 

57.  In  a  proceeding  for  a  writ  of  mandamus  to  a  Board 
of  School  Trustees,  to  compel  them  to  proceed  to  rebuild 
upon  the  old  site  a  school  building,  which  has  been  de- 
stroyed by  tire,  where  it  appears  that  it  was  resolved,  at 
a  meeting  of  the  electors  of  the  district,  that  the  site 
should  not  be  changed,  and  the  district  had  been  for  a 
number  of  years  in  possession  of  the  lot,  using  it  for  school 
purposes,  under  such  circumstances  as  to  authorize  its 
continued  use  for  such  purposes,  the  Trustees  cannot  raise 
the  question  of  title  to  the  lot,  or  plead  that  the  district 
had  no  title  thereto,  as  a  defense  to  the  proceeding. 

Eby  V.  Trustees  of  Red  Bank  School  District,  87 
Cal.,  166. 

58.  A  taxpayer  of  a  school  district,  whose  children  at- 
tend the  school,  is  a  party  "beneficially  interested,"  under 
Section  1086  of  the  Code  of  Civil  Procedure,  providing  for 
the  issuance  of  a  writ  of  mandate,  "on  the  application  of 
a  party  beneficially  interested,"  and  may  maintain  a  pro- 
ceeding for  a  writ  of  mandate  to  compel  the  Board  of 
School  Trustees  to  comply  with  the  instructions  of  the 
electors  as  to  the  location  of  the  school-house  site. 

Eby  V.  Board  of  Trustees  of  Red  Bank  School  Dis- 
trict, 84  Cal,  166. 

59.  Section  9,  of  Article  II,  of  the  Constitution,  for- 
bidding the  compensation  of  any  county,  city,  town,  or 
municipal  officer  from  being  increased  after  his  election  or 


248  SUPREME   COURT    DECISIONS. 

during  his  term  of  office,  only  applies  to  the  compensation 
for  services  to  be  rendered,  and  does  not  forbid  an  allow- 
ance for  the  incidental  expenses  of  the  office,  to  be  deter- 
mined by  the  necessity  which  the  business  of  the  office 
may  develop. 

Kirk  wood  v.  Soto,  87  Cal.,  394. 

60.  The  County  Government  Act,  fixing  a  salary  for 
County  Superintendents  of  Schools,  "as  compensation  for 
the  services  required  of  them  by  law,  or  by  virtue  of  their 
office,"  does  not  prevent  the  application  of  the  amendment 
of  Section  1552  of  the  Political  Code,  made  in  March,  1889, 
allowing  each  County  Superintendent  his  traveling  ex- 
penses, and  other  incidental  expenses  connected  with  the 
office,  at  the  time  of  the  amendment. 

Kirkwood  v.  Soto,  87  Cal.,  394. 

61.  An  appointee  is  not  required  to  qualify  until  he  has 
received  his  commission,  and  his  failure  to  qualify  cannot 
create  a  vacancy  if  he  has  received  no  commission. 

87  Cal.,  475. 

62.  The  Board  of  Education  of'  the  City  and  County  of 
San  Francisco  is  a  creature  of  the  Legislature,  and  has 
only  such  powers  as  have  been  conferred  on  it,  and  has  no 
authority  to  divert  the  moneys  of  the  School  Fund  to  any 
purposes  other  than  such  as  have  been  expressly  authorized 
by  law. 

Barry  V.  Goad,  89  Cal.,  215. 

63.  The  power  of  the  Board  of  Education  of  the  City 
and  County  of  San  Francisco  to  employ  "  teachers  "  for 
the  public  schools  confers  upon  them  no  authority  to  em- 
ploy "  inspecting  teachers,"  whose  duties,  under  the  reso- 
lution appointing  them,  in  no  respect  appertain  to  instruc- 
tion, but  are  simply  those  which  would  pertain  to  a  Super- 
intendent or  Director  of  the  several  schools  to  which  their 
attention  is  directed. 

Barry  v.  Goad,  89  Cal.,  215. 

64.  A  resident  and  taxpayer  may  maintain  an  action  to 
restrain  tlie  Board  of  Education  of  the  City  and  County  of 
San  Francisco  from  drawing  drafts  for  compensation  for 
services  rendered  and  to  be  rendered  under  an  appoint- 
ment from  the  Board  which  is  authorized  by  law. 

Barry  v.  (load,  89  Cal.,  215. 


SUPREJMK    COURT      DKCfSIONS.  240 

()").   A  Superintendent  of  Schools  is  not  lial>le  to  a  bona 
fide  purchaser  of  school  warrants  for  the  amount  paid  to 
tlie  deputy  Superintendent  for  warrants  forged  hy  such 
deputy,  and  presented  and  sold  by  him  to  the  purchaser. 
Fresno  National  Bank  v.  Hawkins,  93  Cal,  551. 

66.  The  indorsement  of  the  date  of  filing  upon  forged 
school  warrants  gives  them  neither  validity,  negotiability, 
nor  additional  value,  aside  from  fixing  the  date  of  filing  in 
the  Superintendent's  office;  and  such  an  indorsement  by  a 
deputy  Superintendent  of  Schools  creates  no  personal  lia- 
bility against  the  Superintendent  of  Schools  in  favor  of  a 
purchaser  of  the  forged  warrants. 

Fresno  National  Bank  v.  Hawkins,  93  Cal.,  551. 

67.  A  Principal  is  not  lial)le  for  acts  of  his  deputy  out 
of  the  line  of  his  official  duty,  and  beyond  the  power  con- 
ferred upon  him  by  virtue  of  his  appointment  as  deputy. 

Fresno  National  Bank  v.  Hawkins,  93  Cal.,  551. 

68.  A  school  district,  when  organized  as  provided  by  the 
Political  Code,  is  a  public  corporation  of  a  quasi  municipal 
character,  possessing  such  authority  as  has  been  conferred 
by  the  Legislature,  to  be  exercised  in  the  mode  and  within 
the  limits  prescribed  by  the  statute. 

Hughes  v.  Ewing,  93  Cal.,  414. 

69.  The  Legislature  has  the  power  to  change  the  bound- 
aries of  a  school  district,  and  in  the  exercise  of  such  power 
it  may  make  such  provision  respecting  the  property  and 
obligations  of  the  corporation  as  it  may  deem  equitable  or 
proper,  and  its  action  is  conclusive. 

Hughes  V.  Ewing,  93  Cal.,  414. 

70.  When  the  boundaries  of  a  school  district  are 
changed,  either  by  forming  a  new  corporation  out  of  the 
territory  of  the  original  one  or  by  transferring  a  portion  of 
the  territory  to  another  corporation,  in  the  absence  of  any 
provision  on  the  subject  the  old  corporation  will  be  en- 
titled to  all  the  property  and  be  solely  liable  for  all  the 
obligations,  and  the  territory  taken  therefrom  Mill  not  be 
entitled  to  any  of  the  corporate  property  or  liable  for  any 
of  the  obligations  of  the  old  corporation. 

Hughes  V.  Ewing,  93  Cal.,  414. 

71.  Although  the  Legislature  cannot  directly  impose 
taxes  upon  counties  or  other  public  corporations,  it  has 


250  suriM'-ME  c'orKT  dkcisions. 

authority  to  vest  the  power  of  taxation  in  them  by  gen- 
eral laws,  and  such  corporations  have  no  power  to  impose 
taxes  other  than  that  granted  by  the  Legislature,  and  its 
exercise  must  be  within  the  limits  and  in  the  manner  so 
conferred. 

Hughes  V.  Ewing,  93  Cal.,  414. 

72.  The  authority  of  the  Supervisors  to  levy  a  tax  in  a 
school  district  for  the  erection  of  a  school-house  is  not 
only  limited  to  the  amount  voted  by  the  district,  but  is  to 
be  levied  only  upon  the  property  within  the  district  voting 
the  same. 

Hughes  v.  Ewing,  93  Cal.,  414. 

73.  When  the  electors  of  a  school  district  have  voted  to 
build  a  school-house,  but,  before  the  levying  of  the  tax 
therefor  by  the  Supervisors,  the  boundaries  of  the  district 
have  been  changed,  the  territory  transferred  from  the 
limits  of  the  district  is  not  liable  for  the  tax  so  levied; 
though  the  rule  would  be  otherwise  if  the  tax  had  been 
levied  before  tlie  change  in  the  boundaries. 

Hughes  V.  Ewing,  93  Cal.,  414. 

74.  The  word  "  district,"  as  used  in  Section  1837  of  the 
Political  Code,  providing  that  if  the  electors  of  a  school 
district  vote  to  build  a  school-house,  the  Trustees  are  to 
certify  this  fact  to  the  Board  of  Supervisors,  who,  when 
levying  the  county  taxes,  must  levy  a  tax  sufficient  to 
raise  the  amount  voted  "  upon  all  the  taxable  property  in 
the  district  voting  sucli  tax,"  is  not  the  equivalent  of 
"territory  within  the  district,"  but  is  a  synonym  for  the 
"  corpoi-ation  "  voting  the  tax;  and  the  tax  to  be  levied  by 
the  Supervisors  is  limited  to  the  property  within  the 
boundaries  of  such  corporation  at  the  time  of  the  levy. 

Hughes  V.  Ewing,  93  Cal.,  413. 

75.  By  a  change  in  the  boundaries  of  a  school  district, 
the  public  corporation  or  district  does  not  lose  its  identity 
or  name,  or  cease  to  be  the  same  legal  entity  that  it  was 
before. 

Hughes  V.  Ewing,  93  Cal.,  414. 
7fi.  The  power  of  taxation  is  authorized  for  the  benefit 
of  the  taxpayers,  and  taxatiorx  cannot  be  justly  compelled 
for  an  object  or  for  the  benelit  of  a  class  in  which  the  tax- 
payer is  directly  excluded  from  participating. 
Hughes  V.  Ewing,  !)3  Cal.,  414. 


SUPREME   COURT    DECISIONS.  251 

77.  The  City  of  San  Diego  as  a  municipal  corporation 
has  no  interest  in  moneys  paid  into  the  county  treasury  to 
the  credit  of  the  school  district  of  the  city  of  San  Diego, 
which  is  a  distinct  corporation,  whose  rights  and  obliga- 
tions are  governed  by  the  Political  Code,  and  not  by  the 
city  charter;  and  the  city  is  not  entitled  to  an  injunction 
to  prevent  the  County  Treasurer  from  paying  a  warrant 
drawn  upon  him  in  payment  of  the  salary  of  the  Superin- 
tendent of  Schools  in  the  city  of  San  Diego. 

City  of  San  Diego  v,  Dauer,  97  Cal.,  442. 

78.  The  power  to  fix  the  salary  of  the  Superintendent 
of  Schools  in  the  city  of  San  Diego  is  vested  by  Section 
1798  of  the  Political  Code  in  the  Board  of  J]ducation  of 
the  city,  v,'hich,  as  a  general  law  regulating  the  public 
school  system,  prevails  over  a  provision  of  the  city  charter 
directing  the  Common  Council  to  fix  such  salary. 

City  of  San  Diego  v.  Dauer,  97  Cal.,  442. 

79.  Where  the  records  of  the  Board  of  Education  of 
a  city  recite  that  the  Board  "went  into  executive  session 
for  the  election  of  teachers  for  the  ensuing  year,"  and 
thereupon  certain  teachers  wei'e  declared  elected,  a  teacher 
so  elected,  who  begins  teaching  under  such  authorization, 
and  continues  holding  after  the  expiration  of  the  year  for 
two  years  more  without  any  new  employment,  is  not 
elected  for  life,  subject  to  removal  only  for  cause,  but  may 
be  dismissed  at  any  time  after  tlie  expiration  of  the  year. 

Marion  v.  Bd.  of  Ed.  of  Oakland,  97  Cal.,  606. 

80.  The  ignorance  of  a  teacher  as  to  the  term  of  her  em- 
ployment being  fixed  for  one  year  only,  and  her  honest 
supposition  that  she  held  a  life  position,  cannot  avail  her 
to  prevent  a  dismissal  by  the  Board  of  Education,  or  to 
compel  payment  of  salary  after  such  dismissal. 

Marion  v.  Bd.  of  Ed.  of  Oakland,  97  Cal.,  606. 

81.  If  it  be  conceded  that  the  Board  of  Education  had 
no  power  to  elect  a  teacher  for  a  year,  an  election  for  a 
year  cannot  constitute  an  election  for  life,  but  a  void 
election,  and  she  would  hold  the  position  at  the  mere 
pleasure  of  the  Board,  subject  to  be  discharged  at  any 
time. 

Marion  v.  Bd.  of  Ed.  of  Oakland,  97  Cal.,  60(). 


252  SUPREME    COURT    DECISIONS. 

82.  The  provisions  of  Article  IX  of  the  Constitution, 
making  education  and  the  management  and  control  of  the 
public  schools  a  matter  of  State  supervision,  and  directing 
the  Legislature  to  provide  a  "system of  common  schools," 
require  the  adoption  of  one  system,  which  shall  be  appli- 
cable to  all  the  common  schools. 

Kennedy  v.  Miller,  97  Cal. ,  429. 

83.  The  legislative  declaration,  in  Section  1576  of  the 
Political  Code,  that  every  incorporated  city  is  a  school 
district,  though  it  makes  each  school  district  a  public  cor- 
poration, does  not  import  into  the  organization  any  of  the 
provisions  x>{  the  city  charter,  or  limit  the  powers  and 
functions  which,  as  a  school  district,  it  has  by  virtue  of 
the  Political  Code. 

Kennedy  v.  Miller,  97  Cal.,  429. 

84.  All  city  charters  are  limited  by  the  operation  of 
general  laws. 

Kennedy  v.  Miller,  97  Cal.,  429. 

85.  The  powers  and  duties  of  Boards  of  Education  in 
cities  are  the  same  as  those  of  Boards  of  Trustees  in  other 
school  districts,  and  cannot  trench  upon  the  system  that 
the  Legislature  has  provided  for  the  entire  State. 

Kennedy  v.  Miller,  97  Cal.,  429. 

86.  The  city  of  San  Diego  is  a  corporation  distinct  from 
the  corporation  known  as  the  school  district  of  the  city  of 
San  Diego,  and  the  rights  and  obligations  of  the  school 
district  corporation  are  to  be  determined  by  the  provisions 
of  the  Political  Code,  and  not  by  those  of  the  charter  of 
tlie  city  of  San  Diego;  and  a  provision  of  its  charter,  that 
all  moneys  belonging  to  the  school  fund  of  the  city  shall 
be  deposited  with  the  City  Treasurer,  does  not  supersede 
the  requirements  of  the  Political  Code  that  all  moneys 
pertaining  to  the  public  school  fund  shall  be  paid  into  the 
county  treasury. 

Kennedy  v.  Miller,  97  Cal. ,  429. 


OPINIONS  OF  ATTORNEY-GENERALS. 


Section  1227  of  the  Political  Code,  approved  March  30, 
1878,  provides  that  no  person  shall  be  allowed  to  vote, 
whose  name  is  not  on  the  register  in  use  at  the  precinct 
where  the  vote  is  offered.  This  section  repealed  the  law, 
previously  in  force,  allowing  persons  to  vote  upon  certifi- 
cates of  registration,  and  hence,  no  person  is  now  entitled 
to  vote,  unless  his  name  appears  upon  the  printed  register 
in  use  at  the  precinct  where  the  vote  is  offered. 
A.  L.  Hart,  Attorn-ey-General,  1882. 

By  Section  9,  of  Article  II,  of  the  Constitution,  the 
compensation  of  any  city,  county,  town,  or  municipal 
officer  cannot  be  increased  after  his  election,  or  during  his 
term  of  office. 

Attorney -General  A.  L.  Hart,  December,  1882. 

County  Superintendents  are  county  officers  (Constitu- 
tion, Article  IX,  Section  3).     The  compensation  of  county 
oificers  cannot  be  increased  after  their  election,  or  during 
their  term  of  office  (Constitution,  Article  XI,  Section  9). 
Attorney-General  Marshall,  January,  1883. 

An  allowance  made  by  the  Board  of  Supervisors  for  the 
reasonable  traveling  expenses  of  a  County  Superintendent 
in  visiting  the  schools  of  his  county,  as  required  by  law, 
is  not  a  compensation  for  the  discharge  of  his  duties,  but 
for  traveling  expenses  incurred  in  the  discharge  of  his 
duties,  the  payment  of  which  is  provided  for  in  Section 
1552  of  the  Political  Code.  This  is  not  the  "additional 
compensation  for  services  rendered  "  mentioned  and  pro- 
hibited by  Section  17  of  the  Act  of  1874,  and,  therefore, 
in  my  opinion,  may  be  allowed  by  the  Board  of  Super- 
visors. 

Attorney-General  Marshall,  February,  1883. 

It  is  the  practice  in  the  State  Controller's  office,  and 
also  that  of  the  Auditors  of  the  various  counties,  to  allow 


254  OPINIONS    OF    ATTORNEY   GENERALS. 

the  outgoing  officers  pay  up  to  the  last  day  of  their  in- 
cumbency of  the  office,  and  inclusive  of  said  last  day, 
under  my  advice.  The  incoming  officer  receives  salary 
from  the  date  of  taking  possession  only. 

Attorney-General  Marshall,  February,  1883. 

The  Board  of  Supervisors  must  estimate  and  allow  rea- 
sonable traveling  expenses,  in  addition  to  the  salary  pro- 
vided in  the  Political  Code,  Section  1552,  for  County  Su- 
perintendents. 

Attorney-General  Marshall,  May,  1883. 

Section  1560  of  the  Political  Code  requires  that  in  every 
county  having  twenty  school  districts  a  Teachers'  Institute 
must  be  held  at  least  once  a  year.  In  counties  where  the 
number  of  districts  is  less  than  twenty  the  matter  of  hold- 
ing Teachers'  Institutes  is  discretionary  w^ith  the  County 
Superintendent.  I,  therefore,  think  there  would  be  no 
objection  to  two  or  more  counties  of  the  latter  class  uniting 
in  a  Joint  County  Institute  ;  but  am  of  the  opinion  that 
those  of  the  former,  or  those  containing  twenty  school  dis- 
tricts, would,  if  united,  be  obliged  to  hold  an  annual 
Teachers'  Institute  in  each  county.  This  condition  being 
complied  with,  however,  I  see  no  objection  to  their  uniting. 
Attorney-General  Marshall,  May,  1883. 

The  Political  Code,  Section  1597,  requires  that  the  polls 
shall  be  open  not  less  than  four  hours  on  the  day  of  elec- 
tion, and  an  election  in  violation  of  this  provision  would 
certainly  be  illegal. 

Attorney-General  Marshall,  June,  1883. 

Concerning  the  right  of  a  County  Superintendent  to 
require  the  Trustees  of  a  district,  in  which  an  eight 
months'  school  has  been  maintained,  to  close  the  school 
and  apply  the  remaining  funds  to  payment  of  outstanding 
debts  and  the  erection  of  certain  improvements  on  the 
grounds  of  said  school,  I  have  to  say  that,  in  my  opinion, 
Section  1546,  together  with  Section  1(521,  of  the  Political 
Code  clearly  gives  the  County  Superintendent  this  right, 
limiting  the  cost  of  such  improvements  to  fifty  dollars. 
Attorney-General  Marshall,  June,  1883. 

As  to  the  right  of  the  County  Superintendent  of  Ala- 
meda County  to  receive  a  salary  as  mem])er  of  the  County 
lioaid  of  I'iducatioii,  1  have  to  say  that  the  Act  of  1873- 


oriNIONS    OK    ATTOKNKV    CKNKHAl.S.  '2iio 

74,  page  185,  of  the  Statutes  of  1873-74,  clearly  prohiljits 
said  County  Superintendent  from  receiving  a  salary  as  a 
member  of  the  County  Board  of  Education,  since  his  posi- 
tion as  Secretary  of  said  Board  is  an  ex  officio  office.  I 
cannot  see  that  the  Act  of  1873-74  is  in  conflict  with  the 
new  Constitution,  and  I  do  not  know  of  any  subsequent 
statute  by  which  it  is  repealed;  hence  I  am  forced  to  the 
conclusion  that  said  Act  of  1873-74  is  still  in  force,  and 
tliat  under  it  no  salary  can  be  received  by  the  County  Su- 
perintendent of  Alameda  County  in  any  ex  officio  office. 
Attorney-General  Marshall,  June,  1883. 

Subdivision  15,  of  Section  1G17,  of  the  Political  Code, 
is  neither  inoperative  nor  void,  but  in  full  force  and  efi'ect. 
The  Trustees  should  consult  before  the  entrance  of  the 
pupils.  This  is  not  a  matter  of  law,  but  one  of  business. 
Neitlier  district  can  claim  moneys  from  the  other  for  chil- 
dren taught  before  such  consultation  and  agreement.  The 
Superintendent's  decision  should  provide  for  carrying  the 
apportionment  with  it.  The  amount  apportioned  per 
child  goes  with  the  children  to  the  district.  [This  is  not 
now  tlie  case.     J.  W.  A.] 

Attorney-General  Marshall,  September,  1883. 

The  payment  by  the  county  of  the  necessary  traveling 
expenses  of  the  County  Superintendent  is  in  no  sense  a 
part  of  his  compensation  as  School  Superintendent,  but  is 
merely  a  reimbursement  for  actual  outlays  necessary  in 
the  discharge  of  his  duties.  Section  1552  of  the  Political 
Code  gives  the  Board  of  Supervisors  the  power  to  make 
the  allowance,  and  I  can  discover  nothing  in  the  law 
which  destroys  the  force  of  the  section,  or  on  which  the 
adverse  opinion  of  a  District  Attorney  can  be  founded. 
Attorney-General  Marshall,  September,  1883. 

There  is  no  objection  to  a  pai'ty  occupying  the  two 
offices  of  District  Attorney  and  member  of  the  County 
Board  of  Education.  There  is  no  provision  of  law,  either 
in  the  Codes  or  Constitution,  prohibiting  the  holding  of 
more  than  one  county  office  by  the  same  person  in  this  State. 
Attorney-General  Marshall,  January,  1885. 

Reasonable  hotel  bills,  actually  paid  out  by  the  County 
Superintendents,  are  included  in  the  words  "  actual  travel- 
ing expenses." 

Attorney-General  Johnson,  January-,  1887. 


25G  OPINIONS   OF    ATTORNEY   GENERALS. 

City  Boards  of  Examination  have  not  the  power  to  ex- 
amine teachers  and  issue  certiticates.  Under  the  Perry- 
amendment,  that  power  is  lodged  entirely  with  the  County 
Superintendents  and  County  Boards  of  Education,  whose 
jurisdiction  in  this  matter  is  coextensive  with  their  respec- 
tive counties.  But  in  the  event  that  the  County  Board  of 
Education  of  any  county  approve  and  ratify  the  action  of 
such  City  Board  of  Examination  in  examining  teachers 
and  granting  teachers'  certiticates  within  the  jurisdiction 
of  such  county,  the  action  of  such  City  Board  is  thus  vital- 
ized and  becomes  the  action  of  the  County  Supei-intendent 
and  County  Board,  the  latter  thus  controlling  the  whole 
subject  matter. 

Attorney-General  Johnson,  January,  1887. 

The  Board  of  Supervisors  can  allow  Superintendents 
their  reasonable  traveling  expenses  (Section  1552  of  the 
Political  Code).  Although  Section  211  of  the  "County 
Government  Bill  "  says,  "the  salaries  and  fees  provided  in 
this  Act  shall  be  in  full  compensation  for  all  services  ren- 
dered," etc.,  yet  1  think  the  two  sections  must  be  con- 
strued together,  and  that  the  payment  of  the  Superin- 
tendents' traveling  expenses  is  not  a  compensation  for  ser- 
vices. 

Attorney-General  Johnson,  February,  1887. 

A  School  District  Clerk  cannot  act  and  receive  compen- 
sation as  Census  Marshal.  Section  1876  of  the  Political 
Code  says  "no  School  Trustee,  or  member  of  a  Board  of 
Education,  must  be  interested  in  any  contract  made  by 
the  Board  of  which  he  is  a  member,  and  any  contract 
made  in  violation  of  this  provision  is  void. 

Attorney-General  Johnson,  February,  1887. 

Sections  1858  and  1861  of  the  Political  Code  provide 
that  the  whole  State  School  Fund,  without  abatement, 
must  be  apportioned  and  used  in  the  manner  therein  in- 
dicated ;  but,  in  my  opinion,  the  Board  of  Supervisors  can 
allow  the  County  Treasurer  for  his  necessary  expense,  in- 
cident to  receiving  the  State  School  money,  to  be  paid  out 
of  the  County  (ieneral  Fund, 

Attorney-General  Johnson,  February,  1887. 

Under  Section  1621  of  the  Political  Code,  no  school 
moneys  received  from  the  State  or  county  apportionment 


OPINIONS   OF    ATTORNEY    GENERALS.  257 

can  be  diverted  until,  at  least,  an  eight  months'  school 
has  been  maintained  ;  but  if,  at  the  end  of  the  year  when 
such  an  eight  months'  school  has  been  maintained,  there 
is  an  unexpended  balance  in  the  school  district's  appor- 
tionment of  the  County  Fund,  it  may  be  used  to  equalize 
any  overdraft  on  the  State  School  Fund  and  Library  Fund, 
which  should  have  been  used  only  for  salaries  of  teachers 
and  for  books.  I  find  no  law,  however,  that,  when  the 
County  Fund  has  been  overdrawn,  an  equalization  may  be 
had  by  drawing  for  that  purpose  from  the  State  School  or 
Library  Funds.  In  all  such  cases  the  County  Superintend- 
ent should  have  drawn  no  such  requisition;  nor  should 
the  Auditor  have  drawn  any  such  warrant;  nor  should  the 
Treasurer  have  made  such  payment.  The  State  School 
Fund  and  the  Library  Fund  should  have  been  kept  intact 
from  misappropriation. 

Attorney-General  Johnson,  March,  1887. 
The  Board  of  Supervisors  of  a  county  can  allow  the  Su- 
perintendent of  Schools  his  reasonable  traveling  expenses. 
The  payment  of  traveling  expenses  is  not  a  compensation 
for  service;  it  is  simply  a  reimbursement  for  moneys  paid 
out. 

Attorney-General  Johnson,  April,  1887. 

Under  Section  1552,  the  County  Superintendent  of 
Schools  should  be  allowed,  in  addition  to  his  salary,  a  sum 
for  postage  and  expressage,  equal  to  two  dollars  for  each 
school  district.  This  is  not  compensation,  but  merely  re- 
imbursement for  expenditures. 

Attorney-General  Johnson,  April,  1887. 

It  is  clear  that,  when  outside  territory  has  been  an- 
nexed to  an  incorporated  town  or  city  for  school  purposes, 
every  qualified  elector  in  the  school  district  has  a  right  to 
vote  on  any  question  appertaining  to  the  schools.  (See 
Section  1598  of  the  Political  Code.)  It  is  equally  clear 
that  taxes  are  to  be  levied  on  all  the  property  within  the 
school  district  that  is  taxable  under  the  Constitution. 
Under  Section  1880  of  the  Political  Code,  Fresno  City 
School  District  may  call  an  election,  and  submit  to  the. 
electors  oj  the  district  the  question  as  to  the  increase  of 
bonds,  and  every  elector  has  the  right  to  vote. 
Attorney-General  Johnson,  April,  1887. 


258  OPINIONS   OF   ATTORNEY    GENERALS. 

Boards  of  Supervisors  may  allow  traveling  expenses  for 
visiting  schools  by  County  Superintendents,  In  other 
words,  they  have  such  power,  unless  in  the  class  that  the 
particular  county  belongs  to  the  law  pi'ovides  that  the 
compensation  includes  such  expenses. 

Attorney-General  Johnson,  April,  1887. 

Under  the  school  law,  a  district  gets  apportionment  of 
the  State  and  county  school  moneys  according  to  the  num- 
ber of  school  census  children  between  the  ages  of  five  and 
seventeen  years  in  the  school  district.  There  is  so  much 
money  apportioned  to  each  district  for  every  teacher  as- 
signed to  it — a  teacher  being  assigned  for  so  many  census 
children  ;  but  I  do  not  understand  that  a  district  is  com- 
pelled to  have  two  teachers  simply  because  it  is  entitled 
to  them,  or  they  are  assigned  to  it. 

Attorney-General  Johnson,  April,  1887. 

As  to  County  Superintendents,  Boards  of  Supervisors 
may  allow  them  for  reasonable  traveling  expenses,  unless 
it  is  provided  by  law  that  their  salaries  shall  include  such 
traveling  expenses.  They  are  allowed  for  postage  and  ex- 
pressage  a  sum  equal  to  two  dollars  for  every  school  dis- 
trict. (See  Section  1552  of  the  Political  Code.) 
Attorney-General  Johnson,  April,  1887. 

The  Constitution,  Section  6,  Article  IX,  discloses  that 
the  entire  revenue  derived  from  the  State  School  Fund 
and  the  State  School  Tax  shall  be  applied  exclusively  to 
the  support  of  primary  and  grammar  schools.  Under  the 
Constitution,  these  sources  of  revenue  must  be  kept  intact 
for  the  exclusive  support  of  primary  and  grammar  grades. 
Attorney-General  Johnson,  May,  1887. 

County  Superintendents  have  power  to  appoint  Trustees 
in  newly  formed  districts  immediately  after  the  districts 
have  been  created  ;  but  the  IVustees  of  the  old  district 
who  reside  in  the  new  district  are  Trustees  of  the  latter. 
(See  Political  Code,  Section  154.S,  Subdivision  12,  and 
Section  1615.)  Such  Trustees  would  hold  office  until  the 
first  day  of  July  after  their  appointment.  (See  Political 
Code,  Section  1593.) 

Attorney-General  Johnson,  May,  1887. 

Tlie  qualification  of  a  member  of  the  Board  of  Education 
is  the  taking  of  tlio  oath  of  office  provided  for  in  the  Con- 


OPINIONS   OF   ATTORNKV    GENERALS.  259 

stitution,  Article  XX,  Section  3,  and  in  Section  904  of  the 
Political  Code. 

If  appointees  of  the  Board  meet  and  are  recognized  as 
members  thereof,  but  do  not  qualify,  their  acts  would 
probably  be  legal  so  far  as  the  rights  of  tliird  parties  are 
concerned.  So  far  as  concerns  the  rights  of  the  mem])ers 
of  the  Board,  the  oath  must  ])e  taken  within  the  specified 
time,  otherwise  the  office  becomes  vacant. 

Attorney-General  Johnson,  May,  1887. 

A  County  Auditor  may  safely  draw  a  warrant  in  favor 
of  the  Secretary  of  the  Teachers'  Institute  in  pa3'ment  for 
services  as  such  Secretary.  Such  services  may  legitimately 
come  under  the  head  of  "actual  expenses."  The  position 
of  Secretary  must  often  be  onerous,  and  it  is  not  every 
one  who  can  perform  the  duties.  I  know  of  no  authority 
by  which  any  one  can  be  compelled  to  act  as  Secretary 
without  pay.  If  the  sum  named  in  the  requisition  is  a 
reasonable  sum,  I  think  it  is  proper  for  the  Auditor  to 
draw  his  warrant, 

Attorney-General  Johnson,  May,  1887. 

Section  1616  of  the  Political  Code  provides  :  "  Boards  of 
Education  are  elected  in  cities  under  the  provisions  of  the 
laws  governing  such  cities,  and  their  powers  and  duties 
are  as  prescribed  in  such  laws,  except  as  otherwise  in  this 
chapter  provided."  Section  1617  of  the  Political  Code,  in 
enumerating  the  powers  and  duties  of  Trustees  of  school 
districts  and  of  Boards  of  Education  in  cities,  says,  in  the 
seventh  subdivision:  "To  employ  the  teachers,  and,  ex- 
cepting in  incorporated  cities  having  Boards  of  Education, 
immediately  notify  the  Superintendent  of  Schools,  in 
writing,  of  such  employment,  naming  the  grade  of  certif- 
icate held  by  the  teachers  employed  ;  also  to  employ  jan- 
itors and  other  employes  of  schools  ;  to  fix  and  order  paid 
their  compensation,  unless  the  same  be  otherwise  prescribed 
by  law  ;  provided,  that  no  Board  of  Trustees  shall  enter 
into  any  contract  with  such  employes  to  extend  beyond 
the  thirtieth  day  of  June  next  ensuing." 

Although  in  the  above  provision  there  is  no  mention  of 
the  Board  of  Education,  yet  I  think  the  words,  "Board  of 
Trustees,"  were  intended  to  include  the  Board  of  Educa- 
tion, except  where,  under  the  provisions  of  the  law  govern- 
ing a  city,  the  powers  and  duties  of  the  Board  of  Educa- 
'9 


2G0  OFINIOXS   OF   ATTORNEY    GEXERALS. 

tion  were  diflferently  prescribed.  Besides,  Section  1619  of 
the  Political  Code  says:  "The  Boards  of  Trustees  and 
City  Boards  of  Education  must  maintain  all  the  schools 
establislied  by  them  for  an  equal  length  of  time  during 
the  year,  and  as  far  as  practicable  with  equal  rights  and 
privileges. " 

Again,  Section  1623  contains  this  provision:  '■' jwovkled, 
that  the  contracts  mentioned  in  this  section  are  not  in  ex- 
cess of  the  school  moneys  accruing  to  the  district  for  the 
school  year  for  which  the  contracts  were  made,  otherwise 
the  district  shall  not  be  heki  liable.''  Here,  too,  the  sec- 
tion speaks  of  Boards  of  Trustees,  but  I  tliink  it  has  refer- 
ence also  to  a  City  Board  of  Education,  where  the  laws 
governing  the  city  are  not  different.  The  law  passed  in 
1887,  which  took  effect  immediately,  makes  the  election 
of  School  Trustees  on  the  first  Saturday  of  June,  but  the 
Trustees  elected  hold  from  the  first  day  of  July  next  suc- 
ceeding their  election.  But  the  election  in  Santa  Rosa 
does  not  occur  until  the  Iniit  Saturday  in  June;  I  presume 
it  must  be  by  virtue  of  its  charter,  or  the  amendments 
thereto.  I  should  conclude,  therefore,  unless  there  is 
something  in  the  said  Act  of  Incorporation,  or  the  amend- 
ment, to  the  contrary,  that  your  Board  of  Education  can- 
not elect  teachers  prior  to  the  first  day  of  July  next;  in 
otiier  words,  the  contract  cannot  be  made  to  extend  be- 
yond that  time. 

In  the  case  you  speak  of,  where  the  election  of  teachers 
was  held  in  the  early  part  of  June,  the  Act  of  Incorpora- 
tion may  have  contained  provisions  justifying  that  course; 
and  so,  if  the  Act  incorporating  Santa  Rosa,  or  if  the 
amendment  provided  differently,  then  this  must  govern, 
for  the  law  expressly  says,  Section  1616  of  the  Political 
Code,  that  the  powers  and  duties  of  the  Board  of  Educa- 
tion are  as  prescribed  in  such  laws,  except  as  otherwise 
provided.  In  other  words,  if  there  is  a  different  provision 
in  the  Act  of  Incorporation  or  the  amendment,  in  respect 
to  the  time  of  employment  of  teachers  and  the  length  of 
time  tlicy  may  l)c  employed,  I  would  not  regard  such  a 
provision  affected  by  the  fact  that  School  Trustees  cannot 
elect  their  teachers  for  a  time  beyond  the  30th  day  of 
June  then  ensuing. 

Attorney-CJcnci-al  Johnson,  May,  1887. 


Ol'INlONS    OV    AirOKNKY    CKNEKALS.  261 

'I'licro  being  a  vacancy  in  the  office  of  >Scliool  'J'rustee  to 
l>e  tilled  for  one  year,  and  another  School  Trustee  to  he 
elected  for  three  years,  the  ballots  to  till  the  vacancy 
should  be,  "For  the  unexpired  term."  The  ballots  for 
the  other  Trustee  need  not  designate  the  term  as  the  law 
tixes  it. 

Attorney-General  Johnson,  May,.  1887. 

The  Census  Marshal  is  a  civil  officer  under  Section  841 
of  the  Political  (,'ode. 

Attorney-General  Johnson,  June,  1887. 

Any  woman  over  the  age  of  twenty-one  years,  who  is  a 
citizen  of  the  United  States  and  of  this  State,  is  eligible 
as  a  School  Census  Marshal.  See  Act  approved  March 
10th,  1874. 

Attorney-General  Johnson,  June,  1887. 

When  a  new  district  is  formed,  and  the  Trustees  ap- 
pointed fail  to  hold  an  election,  the  said  Trustees  hold 
over  until  their  successors  have  qualified.  Section  879  of 
the  Political  Code. 

It  is  the  duty  of  the  County  Superintendent  of  Schools 
to  till  all  vacancies  created  by  failure  to  elect  or  otherwise, 
to  hold  until  the  next  annual  election.  Section  1543  of 
the  Political  Code,  subdivision  13th. 

The  Board  of  Supervisors  have  power  to  divide  school 
districts  as  convenience  requires.  See  County  Government 
Act,  Section  25,  subdivision  2.  If  a  fraud  occurs,  the  Su- 
pervisors can  undo  what  they  have  done. 

Attorney-General  Johnson,  June,  1887. 

Where  there  are  140  census  children— enough  to  entitle 
the  district  to  two  teachers — and  a  fraction  more,  but  less 
than  twenty  such  children,  under  Section  1858  of  the 
Political  Code  there  is  to  be  apportioned  to  the  district 
^20  for  every  census  child  in  such  fraction. 

Attorney-General  Johnson,  June,  1887. 

As  to  whether  a  man  convicted  of  murder  and  subse- 
quently pardoned  is  disqualified  from  holding  the  office  of 
School  Trustee,  and  from  being  an  elector,  I  have  to  say, 
that  we  have  no  decision  in  this  State  on  the  subject,  defi- 
nitely deciding  the  matter  under  the  present  Constitution 
and  laws;  but  the  line  of  reasoning  of  the  Court  in  the 


2G2  OPINIONS    OK    ATTORNEY    GENERALS. 

case  of  The  People  v.  Brown,  43  Cal.,  439,  inclines  nie  to 
answer  the  question  in  the  (affirmative  ?)  nejiative. 
Attorney-General  Johnson,  June,  1887. 

The  Deputy  Superintendent  of  Public  Schools  of  a  county 
can  vote  at  a  meeting  of  the  Board  of  Education  in  the  ab- 
sence of  the  Superintendent. 

Attorney-General  Johnson,  June,  1887. 

No  section  of  the  law  seems  to  require  that  the  names 
of  children  in  an  orphan  asylum  should  be  given  to  the 
Census  Marshal.  Also,  the  cliildren  in  such  institutions 
are  not  to  be  included  in  the  report  of  the  Census  Marshal, 
unless  the  parents  or  guardians  of  such  children  reside  in 
the  district.  (See  Section  1638  of  the  Political  Code.)  The 
Marshal  should  shape  his  inquiry  accordingly  for  the  pur- 
poses of  his  report,  only  as  to  the  names  of  parents  or 
guardians  of  such  children,  the  names  of  the  children 
themselves  not  being  required. 

Attorney-General  Johnson,  June,  1887. 

In  reference  to  the  right  of  a  Deputy  School  Superin- 
tendent to  vote  in  the  absence  of  the  County  Superintend- 
ent, at  a  meeting  of  the  County  Board  of  Education,  I 
have  to  say  that  I  am  of  opinion  that  the  deputy  may  act; 
but  the  other  members  of  the  Board  cannot  be  represented 
by  deputies.  It  must  be  remembered  that  the  law  gives 
the  County  Superintendent  a  deputy,  but  does  not  give 
deputies  to  other  members  of  the  Board  of  Education.  I 
cannot  agree  to  the  doctrine  that  the  duties  which  the 
Deputy  County  Superintendents  are  permitted  to  perforin 
under  the  law  are  limited  to  the  duties  devolving  upon 
County  Superintendents,  as  such,  and  not  otherwise.  Sec- 
tion 17C8  of  the  Political  Code  says  who  shall  constitute 
the  County  Board  of  Education,  and  that  the  County  Su- 
perintendent of  Schools  shall  be  one.  This  is  as  much 
one  of  his  duties  as  any  other  provision  of  the  school  law. 
He  is  the  head  of  the  schools  of  the  county,  and  why 
should  he  not  be  a  member  of  the  County  Board  of  Edu- 
cation ?  If  the  Board  of  Supervisors  neglect  to  appoint  a 
Board  of  Education,  he  may  appoint  them,  under  the 
section,  and  this  is  as  much  one  of  his  duties  as  any  other 
requirement  of  the  law. 

Section  512  of  the  Political  Code  says:  "The  duties  of 
the  Superintendent  of  Public  Instruction  arc  prescribed  in 


OPINIONS   OF    ATTORNEY    GENERALS.  203 

Title  III,  Part  3,  of  this  Code."  There  is  where  we  find 
tliese  provisions  as  to  County  Boards  of  Education.  It  is 
the  duty  of  the  County  Superintendent,  in  the  express 
language  of  the  law,  to  keep  a  record  of  the  proceedings  of 
tlie  County  Board  of  P]ducation  (Subdivision  11  of  Section 
1543  of  the  Political  Code).  It  is  established,  therefore, 
as  I  take  it,  that,  being  a  member  of  the  County  Board", 
and  keeping  a  record  of  its  proceedings,  are  duties  re- 
quired under  the  law.  The  language  used  is  "shall," 
which  certainly  is  not  to  be  construed  in  a  permissive 
sense. 

Now,  Section  8Go  of  the  Political  Code  says:  "In  all 
cases  not  otherwise  provided  for,  each  deputy  possesses 
the  powers  and  may  perform  tlte  duties  attaching  by  law  to 
the  oflice  of  the  principal." 

Section  41 12  of  the  Political  Code  also  is  to  tlie  effect 
tliat  a  county  officer  may  appoint  as  many  deputies  as 
may  1)e  necessary  for  the  faithful  and  prompt  discharge  of 
tlie  duties  of  his  office.  The  decision  heretofore  rendered 
must  stand  as  the  decision  of  this  office. 

(See,  also,  Touchard  v.  Crow,  20  Cal.,  156,  and  Muller 
V.  Boggs,  25  Cal.,  181.) 

Attorney-General  Johnson,  June,  1887. 

I  do  not  think  that  the  additional  studies  now  required 
to  be  taught  shoidd  affect  the  granting  of  certificates  to 
holders  of  life  diplomas.  The  diplomas  recommend  that 
their  holders  receive  the  highest  certificate  granted  by  the 
local  Board  of  Examination. 

Attorney-General  Johnson,  June,  1887. 

The  decision  of  this  office  is  that  a  Deputy  County  Su- 
perintendent, in  the  absence  of  the  Coimty  Superintend- 
ent, has  a  right  to  vote  as  a  member  of  the  Comity  Board 
of  p]ducation,  and  also  has  the  right  to  act  as  Secretary  of 
said  Board. 

Attorney-General  Johnson,  June,  1887. 

In  case  ot  an  improper  contract  between  a  Board  of 
Trustees  and  a  teacher,  by  which  she  is  to  refund  to  them 
a  part  of  the  money  she  draws,  which  they  do  not  account 
for,  the  matter  should  be  laid  l^efore  the  District  Attorney 
of  the  county. 

Attorney-( JeiH'r;il  JoIiMsoii.  -July,  1887. 


264  OPINIONS  OF    ATTORNEY   GENERALS. 

I  have  held  that  the  Board  of  Supervisors  can  allow  the 
County  Superintendent  reasonable  traveling  expenses  in 
the  absence  of  a  special  provision  for  traveling  expenses 
in  the  County  Government  Bill.  Although  Section  211  of 
that  Bill  says,  "  The  salaries  and  fees  provided  in  this  Act 
shall  be  in  full  compensation  for  all  services  rendered,'' 
yet  this  language  must  be  construed  in  connection  with 
Section  1552  of  the  Political  Code,  and  it  miist  be  remem- 
bered that  an  allowance  for  traveling  expenses  is  not  by 
way  of  compensation  for  services  rendered,  but  is  rather  a 
reimbursement  for  moneys  paid  out. 

Attorney-General  Johnson,  July,  1887. 
I  do  not  think  the  Superintendent  of  Schools  can  re- 
ceive a  salary  as  member  of  the  County  Board  of  Educa- 
tion.   He  is  a  member  of  said  Board  bj^  virtue  of  his  office, 
and  Section  211  of  the  County  Government  Act  applies. 

Attorney-General  Johnson,  August,  ^887. 
School  Trustees  hold  office  until  their  successors  are  ap- 
pointed.    (See  Section  879  of  the  Political  Code. ) 

Attorney-General  Johnson,  August,  1887. 
Trustees  can  use  county  school  money  for  the  purchase 
of  desks  after  an  eight  months'  school  has  been  kept.   (See 
Section  1G21  of  the  Political  Code.) 

Attorney-General  Johnson,  August,  1887. 

I  do  not  think  a  man  who  is  not  registered  in  the  county, 

but  who   is  otherwise   legally  qualified,   can    serve  as   a 

School  Trustee  if  elected  or  appointed.     He  nmst  be  an 

elector.   (See  Political  Code,  Section  58;  also  Section  1600.) 

Attorney -General  Johnson,  August,  1887. 
A  school  district  voted  a  tax  of  .|4,000  to  build  a  school- 
house.  A  tax  was  levied  which  raised  between  $6,000 
and  $6,500,  In  my  opinion  the  surplus  should  be  placed 
in  the  School  Fund  to  tlie  credit  of  the  district.  (See  an 
Act  approved  March  18th,  1888,  Statutes  of  1888,  p.  208.) 

Attorney-General  Johnson,  August,  1887. 
Under  Section  1()17  of  the  Political  Code,  subdivision 
20,  Scliool  Trustees  should  submit  to  a  district  meeting 
the  location  of  a  school-house  after  l)onds  have  l)een  voted 
with  whicli  to  build,  etc.,  if  the  (juestitin  of  location  is  un- 
determined. I  think  tlic  calling  of  tlie  meeting  is  man- 
<lat<)ry. 

Att(»niey-G(!iu'i'al  .lolin.son,  August,  1887. 


OPINIONS    OF   ATTORN KY    OKNKRALS.  20') 

The  Superintendent's  salary  is  paid  out  of  tlie  County 
General  Fund,  and  it  follows  from  Section  1 770,  that  the 
members  of  the  Board  of  Education  are  paid  out  of  tlie 
same  fund. 

Attorney-General  Johnson,  August,  1887. 

Prior  to  1 880  there  was  a  section  of  the  Political  Code 
(1754)  wliich  read:  "The  holders  of  diplomas  are  eligible 
to  teach  in  anj'  puldic  school,  except  in  High  Schools  in 
whicli  languages  other  than  tlie  Knglish  are  required  to 
be  taught  by  such  teachers."  Holders  of  such  diplomas 
should  have  the  same  rights  now,  that  is,  the  diploma 
should  entitle  them  to  teach  in  any  public  school  in  this 
State,  excepting  in  High  Schools  where  they  would  be  re- 
([uired  to  teach  languages  other  than  the  English.  If, 
under  the  old  law,  certificates  were  granted  to  holders  of 
life  diplomas,  such  certificates  miist  have  been  granted  by 
the  State  Board  of  Examiiuition  under  Section  1750  of  tlie 
Political  Code  as  it  then  stood.  It  would  seem  that  the 
life  diploma  was  a  certificate  of  the  highest  character,  and 
that  the  holder  thereof  could  teach  without  any  addi- 
tional certificate.  I  would  conclude  that  while  the  ('ounty 
Board  of  Education  may,  under  Section  1775  of  the  Po- 
litical Code,  grant  a  certificate  to  the  holder  of  such  life 
diploma,  that  the  certificate  is  not  necessary  to  entitle  the 
holder  of  the  diploma  to  teach  in  the  public  schools,  and 
that  no  examination  can  be  required  of  the  holder  of  such 
a  diploma. 

Attorney-General  Johnson,  Aiigust,  1887. 

I  have  heretofore  given  it  as  my  opinion  that  teachers 
holding  life  diplomas,  issued  prior  to  1880,  cannot  be  re- 
(piired  to  hold  county  certificates,  and  that  the  diplomas 
have  the  same  force  now  as  when  issued. 

Attorney-General  Johnson,  August,  1887. 

Under  subdivision  8,  Section  1543,  of  the  Political  Code, 
and  Section  1775,  the  County  Superintendent  must  act 
upon  the  order  of  the  County  Board  of  Education,  and  it 
is  not  for  him  to  review  the  action  of  the  Board  in  the 
matter  of  granting  county  certificates  or  temporary  cer- 
tificates. The  County  Board  are  the  exclusive  judges 
Avhen  they  shall  issue. 

Attorney -General  ;Johnson,  October,  1887. 


266  OPINIONS    OF   ATTOUNEY   GENERALS. 

I  think  the  law  restricts  us  in  investing  the  State  school 
moneys  to  the  United  States,  State,  and  county  bonds. 
Attorney-General  Johnson,  October,  1887. 

Section  1770  of  the  Political  Code  makes  it  mandatory 
on  County  Boards  of  Education  to  meet  semi-annually,  at 
such  times  as  they  may  determine. 

Attorney-General  Johnson,  October,  1887. 

The  Board  of  Supervisors  have  the  power  to  allow  the 
County  Superintendent  of  Schools  his  reasonable  traveling 
expenses  while  in  the  discharge  of  his  official  duties  ;  and 
this  as  a  reimbursement  for  moneys  paid  out,  and  not  as 
extra  compensation.  (See  Political  Code,  Section  1552.) 
Attorney -General  Johnson,  November,  1887. 

Section  1552  of  the  Political  Code,  as  far  as  traveling 

expenses  of  County  Superintendents  are  concerned,  is  in 
force.  In  my  judgment,  the  allowance  of  such  expenses 
is  not  giving  increased  comjjensation;  it  is  simply  reim- 
bursing for  moneys  paid  out.  As  far  as  concerns  traveling 
expenses  of  the  County  Superintendents,  I  do  not  regard 
Section  1552  of  the  Political  Code  as  inconsistent  with  the 
County  Government  Act. 

Attorney-General  Johnson,  December,  1887. 

The  Board  of  Education  may  include  supplementary 
readers  in  the  list  of  books  that  they  adopt  for  school 
libraries,  and  I  see  nothing  to  prevent  School  Trustees 
from  purchasing  more  than  one  set  of  readers  for  library 
use,  if  the  teacher  does  not  use  tlie  said  books  to  supplant 
the  text-books  on  reading,  but  simply  for  supplementary 
wc»rk,  the  pupils  in  every  case  being  supplied  with  the 
regular  contract  readers;  I  do  not  think  there  is  anything 
illegiil  in  so  using  the  supplementary  readers  belonging  to 
the  li])rary  of  the  school  district. 

Attorney-General  Johnson,  December,  1887. 

I  think  the  Coimty  Superintendent  would  be  justified 
in  refusing  to  draw  a  warrant  for  writing  or  drawing 
books  furnislied  to  the  schools  by  the  School  Trustees. 
Ruled  pajxu'  for  tlic  use  of  the  class(!H  in  bookkeeping 
would  ])r(>b;ibly  come  under  tlie  head  of  writing  paper. 
Attorney -(  uMieral  Johnson,  L)ecend>er,  1887. 


OriNIONS    liK    ATTORNEY    CKNERALS.  2fi7 

The  Political  Code  does  not  give  aiitliority  to  renew  cer- 
tificates after  they  have  expired. 

Deputy  Attorney-General  W.  P.  Johnson,  Decem- 
ber, 1887. 

The  County  Superintendent  of  Schools  cannot  legally 
draw  a  per  diem  as  a  member  of  the  County  Board  of  Ed- 
ucation. 

Attorney-General  Johnson,  January,  1889. 

The  Trustees  of  a  district  have  no  authority  to  appoint 
a  party  seventeen  or  eighteen  years  old  to  take  the  school 
census.  The  Census  Marshal  shoidd  be,  at  least,  twenty- 
one  years  old  at  the  time  of  his  appointment. 

Deputy  Attorney-General  W.  P.  Johnson,  January, 
1888. 

In  my  opinion,  applicants  for  primary  certificates  can 
not  be  required  to  pass  examination  in  studies  not  men- 
tioned in  Section  177-  of  the  Political  Code.  Comparing 
Section  1771  of  said  Code,  before  the  amendment  of  1887, 
and  the  section  as  now  amended,  we  find  that  primary 
certificates  differ  only  in  name  from  second  grade  certif- 
icates. The  primary  certificate  takes  the  place  of  the 
second  grade  certificate,  is  valid  for  the  same  length  of 
time,  and  authorizes  the  holder  to  teach  in  the  same  kind 
of  school.  The  new  studies  are  to  be  taught  in  the  several 
grades  where  they  are  required.  This  was  true  of  nnisic, 
drawing,  and  bookkeeping  before  the  section  was  amended; 
but  applicants  for  second  grade  certificates  could  not  before 
have  been  required  to  pass  examination  in  these  studies. 
I  can  see  no  reason  for  not  following  the  provisions  of 
Section  1772  as  long  as  said  section  remains  unrepealed. 
Attorney-General  Johnson,  February,  1888. 

I  think  that  Section  211  of  the  County  Government  Act 
prevents  the  County  Superintendent  from  receiving  any- 
thing for  his  services  as  a  member  of  the  County  Board  of 
Education.  I  think,  under  Section  1552  of  the  Political 
Code,  the  Board  of  Supervisors  may  allow  him  his  reason- 
able traveling  expenses,  and  should  allow  him  a  sum  for 
postage  and  expressage  equal  to  one  dollar  [now  tM^o  dol- 
lars by  amendment  of  1891]  for  each  school  district.  I 
think  that  Sections  3894  and  3895  of  the  Political  Code 
are  repealed  by  the  County  Government  Act. 

Attorney-General  Johnson,  February,  1888, 


268  OPINIONS   OF   ATTOKNKY    (JENERALS. 

The  County  .Superintendent  is  not  entitled  to  extra 
compensation  for  performing  the  duties  mentioned  in  Sec- 
tion lool  of  the  Political  Code. 

Attorney -General  Johnson,  March,  1888. 

It  is  the  duty  of  the  County  Superintendent  to  ascer- 
tain whether  in  any  school  district  the  average  attendance 
for  three  months  is  five  pupils  or  less;  also,  if  such  average 
attendance  is  only  live  or  less,  that  officer  should  not  draw 
his  requisition  in  payment  of  the  teacher  beyond  said  three 
months,  as  the  district  thereupon  lapses  by  virtue  of  the 
law,  and  the  money  belonging  to  the  same  should  be  ap- 
portioned among  the  other  districts.* 

Attorney- General  Johnson,  April,  1888. 

If  in  a  school  district  there  was  an  average  attendance 
for  three  months  of  only  five  or  less,  the  district  would 
lapse,  and  the  teacher  would  not  be  legally  entitled  to 
pay  after  the  expiration  of  that  time.  The  Board  of  Su- 
pervisors should  attach  the  territory  of  the  lapsed  district 
to  one  or  more  adjoining  districts,  and  in  those  districts 
the  census  should  be  taken.* 

Attorney-General  Johnson,  April,  1888. 

In  case  of  the  death  of  a  County  Superintendent  of 
Schools,  the  appointee  to  till  the  vacancy  occasioned 
thereby  would  hold  for  the  unexpired  term,  and  not  simply 
till  the  next  general  election.  (See  Section  25,  Subdivi- 
sion 21,  of  the  County  Government  Act.) 

Attorney-General  Johnson,  May,  1888. 

In  my  opinion,  school  districts  can  be  compelled  to  pay 
for  grading  streets  in  front  of  the  school  property  when 
sucli  street  grading  is  a  proper  charge  on  other  property 
similarly  situated.  The  fact  that  the  Trustees  contracted 
to  purchase  tlie  lot  l)cf(»re  tlie  notice  of  intention  to  grade 
the  street  was  puljlished  would  make  no  difference.  While 
school  pro])erty  is  exempt  from  municipal  taxes,  it  is  not 
exempt  from  street  assessments. 

Attorney-dleneral  Johnson,  -lune,  1888. 

Subdivision  108(5  of  the  Political  Code  seems  to  contem- 
plate tlie  retaking  of  tlie  entire  censu.^  of  the  district  if 
the  Superintendent  of  Schools  has  reason  to  believe  that 

*  A  district  doea  not  lapse  under  the  law  as  it  is  now,  unless  the 
average  for  the  whole  year  is  five  pupils  or  less.— J.  W,  A. 


OPINIONS    OF   ATTORNEY    (JENF.RALS.  260 

a  correct  report  has  not  Ijeen  returned.  If,  therefore,  the 
Superintendent  of  Schools  f»f  San  Francisco  has  reason  to 
helieve  that  the  hite  census  there  is  fraudulent,  or  incor- 
rect, lie  should  appoint  a  Census  Marshal  and  have  the 
entire  census  retaken. 

Attorney  (leneral  Johnson,  June,  1888. 
It  is  necessary  for  an  appointee  on  the  Board  of  Educa- 
tion to  (pialify  l)y  taking  the  oath  of  othce  before  he  is 
legally  entitled  to  liis  seat.  Section  J)04:  of  the  Political 
Code  says:  "Before  any  officer  enters  on  the  duties  of 
his  ortice,  he  must  take  and  subscribe  the  following  oath," 
etc.  (See  also  Hall  v.  Superintendent,  08  Cal.,  170.) 
And  every  officer  must  qualify,  as  stated  in  Section  907  of 
the  Political  Code,  within  the  period  of  ten  days. 

Attorney-General  Johnson,  June,  1888. 
When  an  appointee  on  the  Board  of  Education  fails  to 
comply  with  some  preceding  requirement,  as  to  take  an 
oath,  Ijut  still  acts  in  the  othce  to  which  he  is  appointed, 
he  is  a  de  facto  officer,  and  holds  until  his  siiccessor  has 
(lualilied. 

Attorney-General  Johnson,  June,  1888. 
Under  an  Act  of  the  Legislature,  ajjproved  March  12th, 
1874,  "Women  over  the  age  of  twenty-one  years,  who  are 
citizens  of  the  United  States  and  of  this  State,  shall  be 
eligible  to  all  educational  offices  within  this  State,  except 
those  from  which  they  are  excluded  hy  the  Constitution. " 
I  regard  the  office  of  Census  Marshal  as  an  educational 
office,  and  I  know  of  no  constitutional  prohibition  against 
women  holding  such  an  office. 

Attorney-General  Johnson,  July,  1888. 
The  Board  of  Supervisors  and  County  Superintendent 
have  the  right  to  decide  whether  a  new  district  is  neces- 
sary or  proper. 

Attorney-General  Johnson,  July,  1888. 
It  is  necessary  for  an  appointee  on  a  Board  of  Educa- 
tion of  a  county  to  qualify  by  taking  an  oath  of  office 
before  he  is  legally  entitled  to  his  seat.  (See  Section  904 
of  the  Political  Code  ;  also,  Hall  v.  Superior  Court,  63 
Cal.,  176.)  If  the  appointee  has  failed  to  subscribe  to  and 
file  the  oath  of  office,  as  required  by  Section  907  of  the 
Political  Code,  the  office  l)ecomes  vacant ;  and  for  him  to 


270  OPINIONS    OF    ATrORNEY    GENERALS. 

hold  the  office  legally  it  will  be  necessary  for  him  to  be 
reappointed  by  the  Board  of  Supervisors.  (See  Section 
1768  of  the  Political  Code.) 

Attorney-CTeneral  Johnson,  August,  1888. 

Foreigners  from  Japan  have  a  legal  right  to  attend  the 
public  school.  (See  Political  Code,  Sections  1858  and  16&2; 
also  the  case  of  Tape  v.  Hurley,  66  Cal.,  473.) 

Attorney-General  Johnson,  August,  1888. 

In  case  a  school  district  has  issued  bonds  for  building  a 
school-house,  and  subsequently  a  new  district  is  formed 
from  a  part  of  said  district,  the  tax  to  be  levied  under  the 
law  is  to  be  upon  the  taxable  property  of  the  district,  and 
if  at  the  time  of  the  levy,  a  part  of  the  old  district  is  in  a 
new  district,  such  property  in  the  new  district  is  not  liable 
to  the  tax. 

Attorney-General  Johnson,  November,  1888. 

A  School  Trustee  took  up  his  residence  outside  of  the 
district.  The  doing  so  would  vacate  his  office.  But  he 
and  another  Trustee  employed  a  teacher,  and  the  teacher 
left  after  teaching  one  month.  Although  the  office  was 
vacant,  still,  as  to  innocent  third  persons,  the  acts  of  the 
Trustee  who  had  removed  would  be  valid  until  his  suc- 
cessor qualifies.  A  warrant  for  the  salary  of  the  teacher 
may  be  compelled  to  be  drawn. 

Attorney-General  Johnson,  December,  1888. 

When  a  school  certificate  is  granted  by  the  County 
Board  of  Education,  or  by  a  majority  thereof,  it  is  the 
duty  of  the  County  Superintendent  to  affix  the  seal  and 
his  signature  thereto  ;  if  he  does  not,  he  may  be  compelled 
to  do  it  ])y  mandamus. 

Attorney-General  Johnson,  December,  1888. 

Bonded  school  districts  may  be  divided  so  as  to  create  a 
new  school  district. 

Attorney-General  Johnson,  December,  1888. 

The  State  Board  of  Education  is  not  authorized  to  adopt 
and  enforce  a  rule  that  when  School  Trustees  fail  to  pro- 
vide a  janitor,  tlie  pupils  of  the  school  sliall  in  turn  do  the 
sweeping  of  tlie  school-house.  One  of  the  powers  and 
duties  of  the  Board  of  Trustees  is  "to  employ  teaclicrs, 
janitors,  and  employ(!s  of  schools,"  etc.  One  of  the  powers 
and  duties  of  the  State  Board  of  Education  is   "to  adopt 


OPlNIOiNS   OK    ATTORNEY   GENERALS.  271 

rules  antl  regulations  not  inconsistent  M'ith  the  laws  of  the 
State  for  its  own  government,  and  for  the  government  of 
the  public  schools,  and  district  school  libraries."  It  is, 
therefore,  inconsistent  with  the  laws  of  the  .State  for  the 
Board  to  make  a  rule  which  dispenses  with  one  of  the 
duties  of  School  Trustees,  as  provided  Ijy  law,  which  is 
"to  employ  a  janitor."  Mandanms  would  lie  against  a 
school  district  to  compel  the  Trustees  to  employ  a  janitor 
for  this  purpose. 

Attorney -General  Johnson,  December,  1888. 

The  simple  fact  that  the  Tax  Collector  did  not  publish 
as  delinquent  the  railroad's  portion  of  the  tax  wliich  was 
levied  for  building  a  school-house  does  not  absolve  tlie 
railroad ;  but  the  taxes  being  due,  and  not  collected  at  the 
proper  time,  they  may  be  collected  by  such  means  as  may 
be  prescribed  by  law.  Under  the  Act  of  April  23d,  1880 
(see  page  604,  Political  Code),  I  do  not  see  why  the  Dis- 
trict Attorney  may  not  bring  suit.  But  before  doing  so 
he  had  better  see  if  the  company  will  not  j)ay  before  any 
costs  are  incurred.  If  the  suit  is  brought,  it  would  l)e 
better  to  do  so  within  three  years,  as  the  Statute  of  Limi- 
tations might  be  pleaded.  (See  City  and  Count j'  of  San 
Francisco  v.  Jones,  2d  West  Coast  Reporter,  p.  772.) 
Attorney-General  Johnson,  December,  1888. 

The  Board  of  Supervisors  have  the  power  to  allow  a  Su- 
perintendent his  reasonable  traveling  expenses.  I  do  not 
consider  so  much  of  Section  1552  of  the  Political  Code  as 
relates  to  traveling  expenses  repealed  by  the  County  Gov- 
ernment Act. 

Attorney-General  Johnson,  January,  1889. 

Boards  of  Supervisors  are  authorized  to  allow  actual 
traveling  expenses  to  the  County  Superintendent  while 
visiting  schools,  such  an  allowance  being  in  etfect  only  a 
reimbursement,  and  not  a  compensation  for  services  ren- 
dered. 

Attorney-General  Johnson,  February,  1889. 

The  County  Superintendent  is  entitled  to  his  actual 
traveling  expenses,  incurred  in  attending  the  biennial 
meeting  of  Count}'  Superintendents. 

Attorney-General  Johnson,  February,  1889. 


272  OPINIONS    OF   ATTORNEY    GENERALS. 

School  bonds  in  the  hands  of  private  j)ersons  are  taxa- 
ble. (See  Constitution  of  Cal.,  Art.  XIII,  Section  1;  Sec- 
tion 3607  of  the  Political  Code,  and  People  v.  Home  Ins. 
Co.,  29  Cal.,  533.) 

Attorney -General  Johnson,  February,  1889. 

I  think  County  Superintendents  should  be  allowed  their 
expenses  while  attending  the  convention  of  County  Super- 
intendents, as  provided  in  Section  1532,  subdivision  14  of 
the  Political  Code,  such  compensation  not  being  extra 
compensation,  but  merely  by  way  of  reimbursement  for 
moneys  paid  out. 

Attorney-General  Johnson,  February,  1889. 

The  Trustees  may  use  the  Special  School  Fund  for  the 
payment  of  the  claims  for  furniture  and  apparatus. 
Attorney-General  Johnson,  February,  1889. 

The  Trustees  are  liable,  as  such,  in  the  name  of  the  dis' 
trict,  for  any  judgment  obtained  by  any  teacher  for  salary 
contracted  by  them  to  be  paid  to  him ;  but  they  are  not 
personally  liable  to  him  for  such  payment.  (Section  1038 
of  the  Political  Code. 

Attorney-General  Johnson,  February,  1889. 

The  Trustees  of  a  district  can  legally  use  the  balance  re- 
maining in  the  Count}'  Fiind  after  an  eight  months'  school 
has  been  maintained,  for  the  purpose  of  building  a  new 
school-house. 

Attorney-General  Johnson,  April,  1389. 

The  appointment  of  a  minor  as  a  Census  Marshal  would 
not  be  valid.  Sec.  841  of  the  Political  Code  says:  "No 
person  is  capable  of  holding  a  civil  office  who  at  the  time 
of  his  election  or  appointment  is  not  of  the  age  of  twenty- 
one  years  and  a  citizen  of  this  State." 

Attorney-General  Johnson,  April,  1889. 

Trustees  are  not  forbidden  to  increase  a  teacher's  salary 
when  a  contract  has  been  made. 

Attorney-General  Johnson,  May,  1889. 

The  transportation  of  the  State  School  Fund  from  the 
State  treasury  to  the  county  treasury  sliould  be  paid  out 
of  the  County  General  Fund.  A  Superintendent  has  no 
authority  to  draw  a  warrant  upon  the  Scliool  Fund  for 
tliat  purpose. 

Attorney-dem'ral  .loliiis(»ii,  May,  ISS9. 


OPINIONS   OK    ATTOKNKY   (JENEKAL.S.  2T'i 

The  Board  of  Supervisors  can  allow  the  County  Super- 
iiiteiident  reasonable,  traveling  expenses.  Section  21 1  of 
the  County  ( government  Bill  and  Section  1552  of  the  Po- 
litical Code  are  to  be  construed  together,  the  traveling  ex- 
penses allowance  being  not  by  way  of  compensation,  but 
simply  a  re-imbursement. 

Attorney-(Jeneral  Johnson,  May,  1881). 

The  County  Superintendent  is  entitled  to  his  actual 
traveling  expenses  in  attending  biennial  conventions  of 
County  Superintendents,  as  provided  in  Section  1582, 
subdivision  14,  of  the  Political  Code. 

Attorney-General  Johnson,  May,  1889. 

There  is  no  law  which  disqualifies  a  Principal  of  a 
public  school  ■  from  being  eligible  to  the  office  of  Census 
^larshal. 

Attorney-General  Johnson,  May,  1889. 

Teachers'  orders,  requisitions,  or  warrants  are  assign- 
able, but  they  are  not  negotiable  proper  in  the  sense  of  the 
law"  merchant,  so  that  M'hen  held  by  a  bona  fide  purchaser, 
evidence  of  their  invalidity  or  defenses  against  the  orignal 
payee  would  be  excluded.  They  are  payable  out  of  a  par- 
ticular fund,  which  destroys  their  negotiability;  but  they 
can  be  assigned,  and  the  assignment  will  enable  the  as- 
signee rightfully  to  draw  the  money.  If  the  County  Su- 
perintendent should  draw  a  requisition  in  favor  of  the  as- 
signee, he  should  state  the  teacher's  name  and  that  of  the 
school  district. 

Attorney -General  Johnson,  May,  1889, 

Under  Section  1597  of  the  Political  Code,  the  polls  at 
the  election  of  School  Trustees  should  be  kept  open  four 
hours.  If  the  notices  specified  that  the  polls  woidd  be 
open  between  the  hours  of  one  and  four  o'clock,  the  time 
Mould  be  onl)'  three  hours.  The  voters,  therefore,  who 
voted  between  four  and  five  o'clock,  properly  voted,  and 
the  election  of  Trustees  cannot  be  set  aside  on  this  ac- 
count. The  notice  would  be  good  as  specifying  the  in- 
itial hour  for  the  commencement  of  voting,  and  the  law 
supplies  the  terminal  hour,  which  would  be  five  o'clock. 
Attorney -General  Johnson,  July,  1889. 

The  Trustees  of  the  normal  schools  are  not  authorized 
to  send  the  teachers  to  diflerent  portions  of  the  State  to 


274         OPINIONS  'OF  ATTORNEY  GENERALS. 

hold  examinations  for  the  admission  of  students.  Section 
1489,  subdivision  8,  of  the  Political  Code  does  not  seem  to 
be  broad  enough  to  authorize  the  pay  of  the  teachers  for 
such  work. 

Attorney-General  Johnson,  July,  1889. 

The  Trustees  of  a  certain  district  desire  to  use  money 
remaining  in  the  County  Fund  after  a  nine  months'  school 
has  been  maintained,  for  building  an  addition  to  the  school- 
house.  This  can  be  done.  (See  Section  1621  of  the  Po- 
litical Code. 

Attorney-General  Johnson,  July,  1889. 

In  order  to  be  a  member  of  the  County  Board  of  Educa- 
tion it  is  necessary  that  the  person  should  be  an  elector,  a 
citizen  of  the  State,  and  of  the  age  of  twenty-one  years  or 
upwards.   (See  Section  56  of  the  Comity  Government  Act.) 
Attorney-General  Johnson,  August,  1889. 

When  two  or  more  districts,  lying  contiguous,  are  united 
to  constitute  but  one  district,  under  Section  1577  of  the 
Political  Code,  as  last  amended,  the  district  so  formed 
constitutes  a  new  district  under  subdivision  13,  Section 
1543,  of  the  Political  Code,  as  last  amended;  and  it  is  the 
duty  of  the  County  Superintendent  to  appoint  Trustees 
for  the  same,  who  hold  ofhce  until  July  first  next  suc- 
ceeding their  appointment.  Such  new  district,  however, 
cannot  l)e  formed  at  any  other  time  than  between  July  1st 
and  May  10th.     (See  Section  1577.) 

Attorney-General  Johnson,  August,  1889. 

The  incorporation  of  a  city  of  the  sixth  class  creates  a 
separate  school  district.  (Section  1576  of  the  Political 
Code.) 

Attorney-General  Johnson,  August,  1889. 

Wlien  two  districts  are  united  to  form  one  district,  the 
funds  of  both  districts  are  also  united;  and  they  become 
subject  to  the  order  of  the  Trustees  only  of  the  district 
formed  l)y  the  union. 

Attorney-General  Johnson,  August,  1889. 

The  Board  of  Supervisors  of  a  county  may  allow  the 
reasonable  traveling  expenses  of  a  County  Superintendent 
under  Section  1552  of  the  Political  Code,  which  is  not  re- 
pealed, except  by  implication,  in  this  res])ect,  and  implied 


OPINIONS   OF   ATTORNEY    CENERALS.  275 

repeals  are  not  favored.     Traveling  expenses  are  more  in 
the  nature  of  reimbursement  than  compensation. 

Attorney-General  Johnson,  August,  1889. 
To  allow  County  Superintendents  five  dollars  a  day 
during  the  times  of  the  examination  of  teachers  would  be 
to  increase  their  salaries.  The  duties  devolved  are  not 
duties  foreign  to  the  office,  but  seem  to  grow  legitimately 
out  of  it. 

Attorney -General  Johnson,  August,  1889. 
I  have  to  say  that  the  recent  amendment  to  Section 
1552  of  the  Political  Code  makes  mandatory  what  was  be- 
fore permissive  only;  l)ut  in  my  opinion  tlie  salary  of  the 
Superintendent  is  not  increased  by  tlie  reimbursement 
therein  provided,  as  the  Board  of  Supervisors,  before  the 
amendment,  could  have  allowed  the  expenses. 

Attorney-General  Johnson,  August,  1889. 
I  hold  that  a  member  of  the  Board  of  Education  must 
possess  the  qualifications  mentioned  in  Section  56  of  the 
County  Government  Act.  I  regard  a  member  of  said 
Board  as  a  county  officer.  (See  Section  57  of  said  Act; 
also  Section  1768  of  the  Political  Code.) 

Attorney-General  Johnson,  August,  1889. 
If  a  certain  text-book  is  in  use  with  whose  publishers 
the  contract  has  expired  and  the  County  Board  of  Educa- 
tion "recommended  "  the  use  of  a  difi"erent  book,  districts 
following  such  recommendation  and  introducing  such  new 
book  to  the  exclusion  of  the  old  are  liable  to  the  loss  of 
twenty-five  per  cent,  of  the  State  School  Fund,  according 
to  Section  1875  of  the  Political  Code,  if  the  text-book 
recommended  was  not  legally  adopted  by  the  County 
Board  as  provided  by  Section  1874  of  the  Political  Code. 

Attorney-General  Johnson,  December,  1889. 
In  my  opinion  the  Board  of  Supervisors  have  power  to 
annex  outlying  territory  to  a  city  of  the  sixth  class  form- 
ing a  school  district,  notwithstanding  the  fact  that  the 
outlying  territory  comprises  the  whole  of  the  territor}'  of 
an  adjoining  school  district.  (Section  1576  of  the  Political 
Code. ) 

Attorney -General  Johnson,  December,  1889. 
The  intention  of  the  law  is  that  a  city  shall  be  a  sepa- 
rate school  district. 

Attorney-General  Johnson,  December,  1889. 


276  OPINIONS   OF    ATTORNEY    GENERALS. 

Money  raised  hy  a  school  distinct  by  special  tax  under 
an  election  notice  specifying  the  purpose  of  the  tax  to  be 
"to  repair  and  furnish  additional  school  facilities,"  can- 
not be  used  to  purchase  school  lots.  (See  Section  1G17, 
subdivision  5,  and  Section  1832  of  the  Political  Code.) 
Attorney-General  Johnson,  January,  1800. 

I  am  of  the  opinion  that  under  the  Act  of  February  20, 
1889  (Statutes  of  1889,  p.  32),  the  necessary  expenses  in- 
curred in  the  vaccination  of  school  children  are  to  be  paid 
out  of  tlie  common  school  moneys  apportioned  to  the  dis- 
trict, city  or  town,  only  in  tlie  case  of  those  children 
whose  parents  or  guardians  are  pecuniarily  or  otherwise 
unable  to  procure  such  vaccination. 

Attorney-General  Johnson,  January,  1800. 

I  am  of  the  opinion  that  in  the  case  of  a  joint  district, 
the  teacher,  before  assuming  charge,  may  tdc  his  or  her 
certificate  with  the  County  Superintendent  of  either 
county. 

Attoi'ney-General  Johnson,  January,  1890. 

According  to  Section  1G87  of  the  Political  Code,  teach- 
ers of  beginners  shall  rank  in  point  of  salary  with  teachers 
of  first  grade  pupils.  If  there  be  several  first  grade  teach- 
ers, with  different  salaries,  it  is  not  necessary  that  teach- 
ers of  beginners  shall  receive  a  salary  equal  to  tlie  highest 
paid,  although  the  Board  have  the  right  to  pay  such  sal- 
ary. It  is  sufficient  if  they  receive  a  salary  equal  to  that 
paid  a  teacher  of  first  grade  pupils. 

Attorney-General  Johnson,  March,  1890. 

I  do  not  see  any  confiict  between  the  fifth  subdivision  of 
Section  1858  and  the  second  subdivision  of  Section  1548  of 
tlie  Political  Code.  The  fifth  subdivision  of  Section  1858 
is  mandatory.  In  order  to  render  the  Superintendent 
criminally  liable  for  not  carrying  out  this  mandate,  it 
must  have  been  a  willful  omission. 

Attorney-General  Johnson,  March,  1800. 

I  find  nothing  in  the  law  which  can  l)e  enforced  against 
a  lady  teacher  who  declines  to  sing  or  play  at  the  closing 
exercises  of  a  public  school.  In  such  matters  outside  of 
the  prescribed  curriculums  of  duty  as  laid  down  in  the 
law,  the   Princii)al   will  have  to   depend  upon  reasonable 


OMS'lONS    OF    ATTORNEY   (lEXERALS.  277 

rules  adopted  beforehand  by  the  Board  of  Trustees,  or  by 
the  State  Board  of  Education. 

Attorney-General  Johnson,  March,  1890. 
The  City  Board  of  P]xaniination  of  San  Diego  has  no 
authority,  under  the  city  charter  and  the  present  laws  of 
(,'alifornia,  to  hold  a  special  examination,  besides  the  semi- 
annual examination  required  by  law. 

Attorney -Gene  ral  Johnson,  April,  1800. 
While  I  think  the  granting  of  special  certificates  to 
teach  such  studies  as  must  be  taught  is  not  to  be  encour- 
aged, but  should  be  held  to  apply  more  properly  to  such 
studies  as  are  not  in  the  established  curriculum,  yet  I  think 
the  power  given  to  the  City  Board,  whenever  they  think  it 
advisable,  "to  grant  special  certificates,  valid  for  three 
years,  which  shall  entitle  the  holder  to  teach  such  special 
branches  as  may  be  re(£uired  by  City  or  County  Boards  of 
p]ducation."  The  want  of  a  school  may  be  such  as  to 
reijuire  reading  and  elocution  to  be  made  special  branches. 
Ordinarily  it  may  be  otherwise. 

Attorney -General  Johnson,  April,  1890. 
No  school  district  can  incur  any  indebtednees  or  liability 
exceeding  in  any  year  the  income  and  revenue  provided  for 
it  for  such  year,  except  as  provided  in  Section  IS,  Article 
XI,  of  the  Constitution  ;  and  persons  dealing  with  the 
district  in  violation  of  this  section  must  take  their  chances 
for  payment  of  any  such  claims. 

Attorney-General  Johnson,  April,  1890. 
One  of  the  powers  and  duties  of  Trustees  is  to  manage 
and  control  the  school  property  within  their  districts. 
Although  it  may  not  be  commendable  for  a  dance  to  be 
advertised  and  given  in  a  school -house,  even  for  the  pur- 
pose of  purchasing  an  organ  for  the  school,  yet  I  do  not 
know  of  any  law  tbat  is  violated  by  such  permissive  action 
on  the  part  of  the  Board  of  Trustees.  Under  the  law  they 
are  to  have  control,  and  if  the  district  is  not  put  to  any 
expense,  and  the  Trustees  see,  either  by  themselves  or  by 
proxy,  that  the  dance  is  conducted  with  proper  decorum, 
I  do  not  see  that  anything  can  be  done  in  the  premises. 
But  Trustees  should  be  careful  about  using  school  property 
for  general  purposes,  or  in  such  way  as  to  produce  inhar- 
mony  in  the  district.     (But  see  Sec.  1017,  Suljdivision  -0.) 

Attorney-General  Joluison,  April,  1890. 


278  OPINIONS    OF   ATTORXFA*    GENERALS. 

The  Library  Fund  should  be  expended  only  for  books 
and  school  apparatus,  not  furniture. 

Attorney-General  Johnson,  May,  1890. 

Trustees  should  not  deal  in  respect  to  school  property 
with  themselves.     They  occupy  a  trust  relation,  and  can 
not  serve  two  masters — the  district  and  themselves. 
Attorney-General  Johnson,  May,  1890. 

I  do  not  see  any  necessity  for  examining  a  teacher  on 
the  branches  she  has  already  been  rated  upon  ;  but  she 
may  take  the  additional  branches  required  for  a  first  grade 
certificate. 

Attorney -General  Johnson,  June,  1890. 

I  do  not  knoAv  of  any  law  making  it  illegal  for  the  Trus- 
tees of  a  public  school  to  permit  religious  services  to  be 
held  in  the  school-liouse  at  times  when  the  school-house  is 
not  needed  for  school  purposes  ;  but  should  the  Trustees 
refuse  to  permit  services  to  be  held  their  decision  is  final, 
and  cannot  be  controlled  by  a  vote  of  the  electors  of  the 
district. 

Attorney-General  Johnson,  June,  1890. 

It  is  not  within  the  spirit  of  Section  1596  of  the  Political 
Code  for  the  Trustees  to  appoint  themselves  officers  of  the 
school  election  ;  still  the  election  would  not  be  held  illegal 
for  that  reason,  if  in  point  of  fact  the  Trustees  certified  to 
be  elected  received  a  majority  of  the  legal  votes.  There 
is  nothing  to  ])rohibit  one  of  the  officers  of  such  election 
from  acting  as  Clerk,  but  it  is  not  necessary  that  the 
Clerk  be  a  member  of  the  Election  Board. 

Attorney-General  Johnson,  June,  1890. 

Subdivision  7  of  Section  1548  authorizes  the  issuance  of 
only  one  temporary  certificate  to  the  same  person,  no 
matter  how  many  certificates  from  other  counties  he  may 
have. 

Attorney -General  Johnson,  July,  1890. 

Section  1870  of  the  Political  Code  is  as  follows  : 

"No  School  Trustee  or  member  of  any  Board  of  Educa- 
tion must  be  interested  in  any  contract  made  by  tlie 
Board  f»f  wliich  lie  is  a  member;  and  any  contract  made 
in  violation  of  this  provision  is  void." 

Attorney -(Joneral  Johnson,  July,  1890. 

The  election  held  on   the   last   Saturday  of   June   for 


OPINIONS    OF    ATTOKNEY    GENERALS.  279 

School  Trustee  is  a  millity,  the  lirst  Tuesday  in  June  l)eing 
the  date  lixed  by  law.  There  being  no  election  the  old 
Trustees  would  hold  over. 

Attorney-! Icneral  Johnson,  July,  1S90. 

The  Secretary  or  Clerk  of  the  Trustees  is  not  entitled  to 
compensation,  under  Section  1072  of  the  Political  Code  ; 
nor  do  I  know  of  any  law  under  which  he  is  entitled  to 
compensation, 

Attorney-General  Johnson,  July,  1890. 

A  city  organizes  as  a  fifth  class  city  and  leaves  the  bal- 
ance of  the  district,  forming,  of  course,  a  separate  district 
by  itself.  There  was  a  balance  in  the  School  Fund  to  the 
credit  of  the  old  district.  The  new  city  district  is  not  en- 
titled to  any  portion  of  this  balance,  Section  1582  of  the 
Political  Code  having  been  repealed.  (See  Boon  v.  West 
Va.,  424  ) 

Attorney -General  Johnson,  July,  1890. 

While  I  do  not  think  it  within  the  spirit  of  the  law  for 
School  Trustees  to  furnish  supplies  to  their  district,  yet 
the  supplies  having  been  furnished,  I  think  the  district 
should  pay  what  they  are  reasonably  worth. 

Attorney-General  Johnson,  August,  1890. 

I  do  not  think  the  Board  of  Supervisors  can  deprive  the 
County  Board  of  Education  of  their  per  diem  for  three  days 
for  the  reason  that  it  took  the  three  days  for  them  to  pre- 
pare questions  for  applicants  for  teachers'  certificates.  The 
law  says  the  Board  of  Supervisors  shall  allow  a  per  diem 
of  five  dollars  to  each  meml^er  of  the  Board  of  Education, 
and  does  not  say  that  the  questions  shall  be  prepared 
beforehand,  nor  limit  the  time  for  such  meetings. 

Attorney-General  Johnson,  December,  1890. 

Section  1563  of  the  Political  Code  does  not  authorize 
tlie  allowance  of  mileage  to  teachers  attending  the  Teach- 
ers' Institute.  However  much  I  may  regret  that  the  law 
is  that  way,  still  it  must  be  so  declared,  unless  the  Legis- 
lature changes  it. 

Attorney -General  Johnson,  December,  1890. 

The  Board  of  Education  of  a  city  has  the  power  to  make 
the  study  of  music  and  industrial  drawing  optional  in  the 
high  school.  By  so  doing  the  Board  decides  that  in  the 
high  school  said  studies  are  not  required.  (See  Section 
16(35  of  the  Political  Code. 

Attorney-General  Johnson,  December,  1890. 


OPINIONS  OF  STATE  SUPERINTENDENTS. 


ABSENCES. 

1.  Records  of  the  half  day  absences  should  he  made, 
and  they  should  be  reported  to  the  County  Superintendent. 

2.  Every  half  day's  absence  should  be  noted  and  counted 
as  such  in  making  out  reports. 

3.  If  a  pupil  has  been  absent  for  five  consecutive  days, 
on  the  close  of  the  fifth  day  the  teacher  should  place  a 
letter  L  in  the  space  next  the  last  day  on  which  such 
pupil  was  present.  When  he  returns  the  letter  R  should 
be  placed  in  the  space  representing  the  day  upon  which 
the  pupil  returned.  No  absence  should  be  counted  from 
the  last  day  on  which  he  was  present  until  he  is  absent 
after  his  return. 

4.  If  a  pupil  has  been  absent  for  five  days  put  a  capital 
"  L"  in  the  space  for  the  day  next  the  last  day  that  he  at- 
tended, and  a  letter  "R"  in  the  space  for  the  day  on 
Avhich  he  returned.  The  days  intervening,  including  the 
one  in  which  the  L  is  placed,  are  not  counted  as  days 
absent. 

ABUSE  OF  TEACHERS. 

5.  A  teacher  while  returning  home  from  school,  one 
evening,  was  grossly  insulted  and  abused  by  one  of  the 
l)arents  residing  in  the  district.  It  was  done  in  the  hear- 
ing of  two  or  three  of  the  pupils  who  had  attended  the 
school  that  day,  but  who  at  the  time  of  hearing  the  abuse 
were  at  home,  or  had  been  at  home  since  tlie  close  of  the 
afternoon  session.  Held,  that  these  children  would  be 
considered  within  the  moaning  of  the  law,  and  an  action 
for  misdemeanor  would  lie  against  the  abusive  parent. 

ADMISSION  TO  THE  SCHOOLS. 

(J.  If  the  Ti-ustees  arc  willing,  a  person  over  twenty-one 
years  of  age  niay  attend  the  school  in  his  district.  Section 
1662  says  that  "Trustees  have  power  to  admit  adults 
whenever  good  reason  exists  therefor." 


OPINIONS   OF   STATF,    STPERI ^rENDENTS,  2S1 

7.  A  child  working  away  from  home,  in  an  adjoining 
district,  is  entitled  to  admission  to  the  school  in  such  dis- 
trict, without  the  payment  of  tuition.  As  a  resident  of 
the  district,  he  is  entitled  under  the  provisions  of  Section 
1()G2  of  the  Political  (.'ode.  If  a  boy  works  and  supports 
liimself  he  is  sup])osed  to  gain  a  residence  where  lie  lives. 

8.  Section  1G6'2  of  tlie  Political  Code  requires  tliat  all 
schools  shall  he  open  for  the  admission  of  all  cliildren  be- 
tween six  and  twenty-one  years  of  age  residing  in  tlie  dis- 
trict. Trustees  have  not  the  right  to  charge  tuition  from 
any  parties  not  over  twenty-one  years  of  age;  for  parties 
over  twenty-one  or  for  parties  not  residing  in  the  district 
tuition  may  be  charged. 

9.  Section  16 17,  subdivision  9,  and  Section  1662  of  the 
School  Law  authorizes  the  admission  of  children  under  six 
years  of  age  to  classes  in  cities  in  which  the  kindergarten 
work  has  been  adopted.  These  children,  as  in  the  case  of 
children  in  the  grammar  schools  who  are  over  seventeen 
years  of  age,  are  included  in  making  up  the  average  daily 
attendance. 

10.  Pupils  who  have  been  graduated  from  the  grammar 
schools  may  be  permitted  to  attend  such  schools  after 
gradiiation;  but  in  case  they  are  permitted  to  do  so,  they 
must  pursue  the  course  of  study  adopted  for  such  schools, 
and  must  in  all  respects  be  subject  to  the  regulations  of 
the  schools. 

11.  The  lowest  age  at  which  children  are  admitted  to 
the  schools,  except  in  cities  and  towns  in  which  the  kin- 
dergarten work  has  been  adopted,  is  six  years.  In  the 
latter  case  they  may  be  admitted  when  four  years  of  age. 

AGENT. 

12.  Section  1870  clearly  prohibits  a  teacher  from  acting 
as  agent  for  a  publishing  house  during  vacations. 

13.  The  law  does  not  prohibit  a  teacher  from  acting  as 
the  agent  of  a  publisher  in  all  cases.  It  prohibits  him 
from  acting  as  an  agent  in  introducing  any  article  wliat- 
ever  into  the  common  schools  of  this  State.  He  can  sell 
their  works  to  private  individuals  without  violating  the 
law. 

14.  Under  tlie  terms  of  Section  1870  of  the  Political 


282  OPINIONS   OF   STATE    SUPERINTENDENTS. 

Code,  a  teacher  cannot,  directly  or  indirectly,  contract  for 
or  receive  any  gift  or  reward  for  introducing  or  recom- 
mending any  books  for  use  in  the  public  schools;  nor 
would  a  teacher  conform  to  the  spirit  of  the  law^  if  he  were 
to  accept  commission  from  any  firm  for  purchasing  books 
for  his  school,  even  though  those  books  be  among  the 
books  recommended  by  the  County  Board  of  Education. 

ALIENS. 

15.  The  Board  of  Supervisors  cannot  legally  appoint  an 
alien  upon  the  Board  of  Etlucation.  In  this  opinion  the 
Attorney-General  concurs.  (Political  Code.  Sections  841 
and  4101.) 

16.  There  is  no  section  of  the  law  which  prevents  an 
alien  from  teaching  in  the  schools  of  this  State. 

17.  The  wife  of  a  person  who  has  not  been  naturalized 
can  hold  the  office  of  Trustee,  provided  she  herself  is  a 
citizen.     If  she  is  an  alien  she  cannot  hold  the  office. 

18.  A  woman  of  foreign  birth  is  eligible  to  the  office  of 
Trustee  if  her  husband  is  a  naturalized  citizen.  The  natu- 
ralization of  the  husband  carries  with  it  the  naturalization 
of  the  wife. 

APPARATUS. 

19.  The  school  apparatus  mentioned  in  Section  1712  re- 
fers to,  and  by  the  term  "apparatus"  is  meant,  those 
material  instruments  which  are  used  solely  in  the  process 
of  conveying  instruction  to  the  minds  of  the  pupils,  such 
as  maps,  globes,  etc. 

20.  Apparatus  or  books  not  on  the  list  recommended  by 
County  Boards  of  Education  cannot  l)e  purchased  by  Trus- 
tees; and  the  County  Superintendent  has  the  right  to  re- 
fuse to  draw  a  requisition  to  pay  for  any  purchased  not 
on  the  list.     It  is  his  duty  to  refuse  a  requisition. 

21.  The  Library  Fund  cannot  be  used  for  the  purpose 
of  purchasing  apparatus  not  strictly  required  in  the  pros- 
ecution of  the  work  of  the  school,  as  indicated  in  the 
course  of  study. 

22.  Boards  of  Trustees  ought  carefully  to  ascertain 
wliethcr  or  not  any  articles  of  apparatus  arc  required  for 
thv'w  schools.  Teaclu'rs  ouglit  t(»  know,  before  asking  for 
any  apparatus,  wliethcr  they  need  what  they  ask  for,  and 


OPINIONS   OF   STATK   SL'l'EKINTKN DENTS.  *2S3 

whether  what  thoy  ask  for  will  suit  for  the  purpose  for 
wliich  it  is  asked.  Trustees  should  purchase  no  apparatus 
unless  the  teachers,  who  are  supposed  to  know  wliat  they 
need,  desire  to  have  such  apparatus.  Teachers  and  Trus- 
tees ought  always  to  consult  the  needs  of  the  school,  and 
not  listen  to  the  importunities  of  agents.  We  find  tliat 
frequently  l)ooks  and  apparatus  are  purchased  for  the 
schools  that  are  of  no  earthly  use,  and  the  money  thus  ex- 
pended is  literally  wasted. 

APPEALS. 

23.  There  is  no  power  to  which  an  appeal  can  be  taken 
from  the  decision  of  a  County  Board  of  Education.  These 
Boards  are  given  full  control  of  the  matter  of  teachers' 
certificates  within  their  respective  jurisdictions.  This 
power  is  conferred  by  Section  7  of  the  Constitution. 

24.  A  teacher  most  certainly  has  the  right  of  apj)eal  to 
the  courts,  as  other  citizens  have;  but  the  law  having  pro- 
vided specially  for  cases  that  may  arise,  it  would  be  better 
for  the  teacher  to  avail  himself  of  this  special  right  of 
appeal  before  invoking  the  expensive  machinery  of  the 
courts. 

25.  There  is  no  provision  of  law  allowing  an  appeal 
from  facts  found  by  a  County  Superintendent  in  regard  to 
a  controversy  between  the  Trustees  of  a  district  and  a 
teacher  teaching  therein. 

20.  Teachers  can  appeal  to  County  Superintendents  in 
cases  referred  to  in  Section  JG9S  of  the  Political  Code,  and 
to  the  State  Superintendent  only  in  cases  where  their  sal- 
ary is  withheld. 

APPORTIONMENT. 

27.  State  school  moneys  are  apportioned  to  the  several 
counties  by  the  Superintendent  of  Piiblic  Instruction  in 
proportion  to  the  number  of  census  children  in  the  respec- 
tive counties,  as  shown  by  the  census  of  the  year  preced- 
ing the  one  for  which  the  apportionment  is  made. 

28.  County  Superintendents  make,  and  are  responsible 
for,  the  apportionment  of  all  the  State  and  county  moneys 
to  the  several  districts  in  their  respective  counties,  in  ac- 
cordance with  the  provisions  of  the  law. 


284  OPINIONS    OF   STATE    SUPERINTENDENTS. 

29.  Neither  the  Superintendent  of  Public  Instruction 
nor  the  Countj^  Superintendent  of  Schools  has  any  dis- 
cretionar}'^  power  in  the  apportionment  of  school  moneys. 
The  terms  of  the  law  are  explicit  and  mandatory,  and  a 
violation  of  them  is  punishable  as  a  misdemeanor  and  by 
removal  from  office. 

HO.  Districts  having  less  than  ten  census  children  are 
not  entitled  to  any  apportionment,  except  upon  average 
daily  attendance,  as  provided  in  Subdivision  4,  of  Section 
1858  of  the  Political  Code. 

81.  TliC  first  three  subdivisions  of  Section  1858  are  un- 
doiibtedly  clear.  Assuming  then  that  the  County  Super- 
intendent has,  first,  ascertained  the  number  of  teachers 
each  district  is  entitled  to;  and  second,  the  total  number 
of  teachers  in  the  county;  and  third,  that  he  has  given 
$500  to  each  district  for  every  teacher  assigned  to  it,  ex- 
cept to  those  districts  having  ten  and  less  than  twenty 
census  school  children,  to  which  last  he  has  apportioned 
only  .|400;  he  will  then,  fourth,  divide  whatever  balance 
of  scliool  money  there  may  still  remain  by  the  number 
representing  the  average  daily  attendance  of  the  ivhole 
county  during  the  preceding  school  year,  and  multiply 
the  quotient  by  the  average  daily  attendance  of  each  dis- 
trict during  the  same  year,  and  the  product  will  hi  the 
amount  of  pi'O  rata  money  to  be  given  to  tlic  districts 
respectively.  All  districts  not  lapsed,  under  Subdivision 
second,  of  Section  1548,  are  entitled  to  sliare  in  this  i)ro 
rata  apportionment. 

82.  Two  Trustees  employed  a  teacher  who  had  no  cer- 
tificate. Tlie  employment  was  contrary  to  the  wishes  of  a 
very  large  majority  of  the  district.  After  teaching  some 
three  months  witliout  a  certificate,  tlie  teacher  passed  the 
examination  before  the  County  Board  and  obtained  a 
second  grade  certificate.  Tliree  weeks  after  this  the  two 
Trustees  drew  and  signed  an  order  for  .|201  in  payment 
for  t/i(;fie  three  weekx,  nothing  having  been  paid  for  the 
tliree  months  during  wliicli  the  teaclier  had  taught  Mith- 
out  a  certificate.  The  whole  proceedings  concerning  tlie 
appointment  and  payment  of  the  teacher  are  irregular  and 
illegal.  If  V)y  reason  of  such  proceedings  a  legal  school 
is  not  maintained  for  six  months  the  district  will  not  be 
entitled  to  apportionment   for  the   following  year.     The 


Ol'INION.S    OF   STATE   .SUl'KKINTEM"KNTS,  1*85 

district  would  not  lose  its  organization;  but  if  it  loses  its 
apportionment,  school  could  be  maintained  only  by  raising 
money  by  si)ecial  tax  for  that  purpose,  as  provided  in  Sec- 
tions 1830  to  1839  of  the  Political  Code. 

33.  No  apportionment  of  moneys  can  be  made  to  any 
district,  except  on  average  daily  attendance,  unless  there 
are  in  the  district,  at  least,  ten  census  children;  and  the 
law  is  intiexible.  If  a  deviation  might  be  made  for  eight 
or  nine,  it  might  be  made  for  four  or  five.  The  line  has 
to  be  drawn  somewhere,  and  the  Legislature,  in  its  wis- 
dom, has  fixed  the  limit  at  ten. 

34.  Under  the  first  subdivision  of  Section  1858,  not  less 
than  ninety  census  children  would  entitle  a  district  to  two 
teachers. 

35.  The  meaning  of  Section  1858  of  the  Political  Code 
is  found  by  using  the  ordinary  and  popular  signification 
of  the  word  "guardianship,"/,  e.,  protection,  care,  watcli. 
The  law  undoubtedly  intends  to  prevent  any  county  from 
counting  Indians  who  are  for  the  time  being  residing 
therein  as  a  tribe,  or  under  the  control  of  the  Federal 
(xovernment  on  reservations.  But  it  would  be  contrary  to 
the  policy  of  the  law  to  exclude  individuals  detached,  not 
in  tribal  condition,  living  in  the  families  and  under  the 
care  and  protection  of  whites.  These  are,  or  are  liable  to 
be,  and  should  be,  educated  as  such,  and  a  pro  rata  of  the 
school  fund  should  be  apportioned  to  them,  and  thereto 
they  should  be  listed  by  the  Census  ^larshals. 

36.  When  children  are  prevented  from  moving  back  to 
a  district  by  annual  snowstorms,  the  district  cannot  lose 
its  school  money,  nor  would  it  lapse  because  of  tlie  pro- 
visions of  Section  1859  of  the  Political  Code  :  "  A  district 
which  is  prevented  by  flood  or  prevailing  epidemic  froni 
maintaining  a  school  for  the  length  of  time  designated  in 
Section  1859,  is  nevertheless  entitled  to  its  apportionment. 

37.  The  districts  will  not  lose  their  apportionment 
through  the  failure  of  the  Census  Marshal  to  report  to  the 
Superintendent  at  the  time  required  by  the  law.  The  dis- 
trict should  not  suflfer  because  of  the  neglect  of  the  Census 
Marshal ;  but  the  Census  Marshal  should  be  punished, 
under  the  provisions  of  the  law,  for  his  neglect. 


286  OPINIONS   OF    S'lATE   SUPERINTENDENTS, 

38.  When  the  attendance  in  a  district  school  has  been 
reduced  to  less  than  five  scholars,  by  "fire,  flood,  or  pre- 
vailing epidemic,"  the  intent  of  Section  1859  of  the  Polit- 
ical Code  would  allow  the  district  to  receive  its  appor- 
tionment, as  usual.  But  the  diminution  must  have  been 
because  of  the  reasons  above  spoken  of,  and  temporary  in 
its  character 

39.  If  the  Trustees  of  a  district  continue  to  employ  a 
teacher  who  does  not  hold  a  legal  certificate  in  full  force, 
after  the  Superintendent  has  notified  them  of  that  fact,  it 
would  be  well  for  him  to  notify  them  that  the  apportion- 
ment of  school  moneys  will  be  withheld,  unless  they  cease 
to  employ  the  teacher  ;  and  if  they  do  not  then  discharge 
the  teacher,  it  will  be  the  duty  of  the  Superintendent  to 
withhold  the  apportionujent,  under  Section  ISO'O  of  the 
Political  Code. 

40.  If  a  district  has  twenty  children  between  five  and 
seventeen  years  of  age,  it  is  entitled  to  one  teacher;  if  it 
has  ninety,  it  is  entitled  to  two  teachers  ;  if  it  has  one 
hundred  and  sixty,  it  is  entitled  to  three  teachers. 

41.  State  and  county  moneys  must  be  apportioned,  in 
the  first  place,  on. the  basis  of  children  between  five  and 
seventeen  years  of  age.  The  surplus,  after  apportioning 
in  this  manner,  is  distributed  on  the  basis  of  average  daily 
attendance. 

42.  A  new  district,  formed  by  the  subdivision  of  two 
old  ones,  each  of  which  had  maintained  school  daring  eight 
months  of  the  preceding  year,  is  entitled  to  apportion- 
ment at  the  same  time  with  the  others,  and  independently. 

43.  "  No  school  district,"  says  Section  1860  of  the  Polit- 
ical Code,  "is  entitled  to  receive  any  apportionment  of 
State  or  county  school  moneys,  unless  the  teachers  em- 
ployed in  the  schools  of  such  district  hold  legal  certificates 
of  fitness  for  teaching  in  full  force  and  ett'ect." 

44.  No  school  district  is  entitled  to  receive  any  appor- 
tionment of  State  or  county  school  money  which  has  not 
maintained  a  public  school  for,  at  least,  six  months  during 
the  next  preceding  school  year,  unless  the  district  is  a  new 
one,  formed  by  the  division  of  an  old  one,  and  school  has 
been  maintained  in  the  old  district  for  at  least  six  mouths. 


OPINIONS    OF    STATK   SUrERINTKN  DENTS.  287 

45.  The  four  hundred  dollar  teacher  is  allowed  only  in 
those  districts  in  which  there  are  less  than  twenty  census 
children  and  as  many  as  ten.  This  is  a  very  liberal  pro- 
vision of  the  law  to  secure  to  small  settlements  a  school, 
to  i)revent  the  children  from  growing  up  without  educa- 
tion. But  whenever  a  district  lias  twenty  or  more  census 
children,  it  has  notliing  to  do  with  a  four  hundred  dollar 
teacher.  Such  districts  are  entitled  to  $500  for  one  teach- 
er till  they  have  more  than  eighty-nine  census  children  ; 
to  $1,000  for  two  teachers  until  they  have  more  than  one 
hundred  and  fifty  nine  ;  to  $1,500  until  they  have  more 
than  two  hundred  and  twenty-nine,  etc. 

46.  Section  1859  is  intended  for  the  relief  of  districts 
prevented  by  the  elements  from  maintaining  school;  and 
although  deep  snows  are  not  literally  floods,  yet  the  kind 
which  fall  in  some  districts  eft'ect  the  same  result,  and 
make  it  impossible  for  the  pupils  to  attend.  The  reason 
and  intent  of  the  law  are  met  in  such  cases,  and  the  dis- 
trict does  not  lose  its  apportionment. 

47.  Districts  do  not  receive  the  "pro  rata"  for  each 
child  in  the  same  way  as  that  in  which  the  State  appor- 
tionment is  made. 

48.  Two  Trustees  can  close  the  school  even  if  there  be 
$500  to  the  credit  of  the  district.  The  majority  of  the 
Trustees  have  control;  but  if  an  eight  months'  school  is 
not  maintained,  the  balance  of  the  money  on  hand  at  the 
end  of  the  year  must  be  reapportioned  by  the  County 
Superintendent. 

49.  A  district  organized  during  the  last  school  year  has 
a  right  to  the  same  apportionment  of  money  as  an  older 
district.  [But  not  of  any  moneys  belonging  to  the  year  in 
which  it  was  organized. — J.  W.  A.] 

50.  It  is  not  necessary  that  a  new  district  should  main- 
tain a  school,  at  the  expense  of  the  district,  for  three 
months  or  any  number  of  months  in  order  to  entitle  the 
district  to  its  pro  rata  of  funds.  The  object  of  limiting 
the  time  within  which  the  new  district  can  be  formed  is 
to  cause  the  district  to  be  formed  prior  to  the  taking  of 
the  school  census. 

51.  If  the  district  does  not  conduct  an  eight  months' 
school  during  the  school   year,  the  moneys  remaining  in 


288  OPINIONS    OF    RTATE    SUPERINTENDENTS. 

the  treasury  to  the  credit  of  such  district  must  be  reap- 
portioned as  other  school  moneys. 

52.  A  district  that  fails  to  maintain  a  school  for  six 
months  is  not  entitled  to  receive  any  apportionment  of 
State  or  county  funds.  Such  district  does  not  lapse,  but 
during  the  next  year  it  would  have  to  maintain  a  school 
at  its  own  expense  in  order  to  entitle  it  to  an  apportion- 
ment for  the  following  year. 

53.  Under  Section  1858  of  the  Political  Code,  as 
amended,  Statutes  of  1889,  page  195,  Volume  5,  Supple- 
ment to  the  Codes,  in  my  opinion  no  power  exists  to  ap- 
propriate State  or  county  school  money  to  a  school  district 
having  less  than  ten  census  children,  except  that  after  the 
other  districts  have  been  provided  for  the  school  money 
remaining  on  hand  is  to  be  apportioned  to  the  several  dis- 
tricts in  proportion  to  the  average  daily  attendance  in 
each  district  during  the  preceding  school  year.  (Deputy 
Attorney-General  Sanders. ) 

54.  A  district  cannot  he  deprived  of  its  light  to  appor- 
tionment of  funds  simply  because  it  has  less  than  h^n  cen- 
sus children.  It  must  receive  its  pro  rata,  according  to 
the  daily  average  attendance,  of  all  moneys  remaining 
after  districts  entitled  to  S500  or  $400,  respectively,  have 
had  these  amounts  apportioned  to  them. 

55.  County  school  moneys  may  be  used  for  any  of  the 
school  purposes  mentioned  in  the  chapter  of  the  Political 
Code  relating  to  public  schools.  This  chapter  does  not, 
either  expressly  or  by  implication,  authorize  the  use  of 
county  funds  for  the  support  of  high  scliools.  This  being 
the  case,  the  average  attendance  in  high  schools  forms  no 
factor  in  the  apportionment  of  the  county  funds.  Section 
1G22  of  the  Political  Code  plainly  states  that  the  State 
fund  must  be  used  for  the  salary  of  teachers  in  the  primary 
and  grammar  schools.  Hence  the  average  attendance  in 
high  schools  cannot  be  taken  into  account  in  apportioning 
school  funds,  either  State  or  county,  among  the  several 
districts. 

5G.  The  same  principle  obtains  in  subdivision  8  of  Sec- 
tion 1858,  second  proviso,  relative  to  a  district  having  one 
to'vp.utji  and  a  fraction  of  less  than  twenty  census  children, 
as  does  in  the  ca.se  of  a  district  havinii  iwo  seventiks  and 


OPINIONS    OF   STATE    SUPERINTENDENTS.  280 

a  fraction  of  less  than  twenty  census  children,  or  as  does 
in  the  case  of  a  district  liaving  any  number  of  Htventicx  and 
a  fraction  of  less  than  twenty  census  children.  If  a  small 
district  has  ten  children  and  less  than  twenty,  it  is  enti- 
tled to  $400;  if  the  district  has  twenty  children  and  up  to 
and  including  seventy,  it  is  entitled  to  $500;  if  the  dis- 
trict has  seventy  children  and  up  to  and  including  eighty- 
nine,  it  is  entitled  to  $500,  and  to  $20  for  each  child  in  ex- 
cess of  seventy,  up  to  and  including  eighty-nine;  if  the 
district  has  ninety  children  and  up  to  and  including  one 
hundred  and  forty,  it  is  entitled  to  $1,000,  etc. 

57.  A  new  school  district  is  not  entitled  to  any  appor- 
tionment of  the  funds,  either  State  or  county,  for  the 
school  year  in  which  it  was  formed.  The  object  of  form- 
ing the  new  district  between  the  first  day  of  December 
and  the  fifth  day  of  April,  in  any  year,  is  to  enable  a  cen- 
sus of  the  cliihlreu  to  l)c  taken,  in  order  to  have  a  basis 
upon  which  to  apportion  the  funds  for  the  school  year  be- 
ginning on  the  first  day  of  July  next  succeeding  the  for- 
nuxtion  of  the  new  district.  Children  residing  within  the 
limits  of  the  territory  embraced  in  the  new  district  are  en- 
titled to  attend  school  in  the  district  from  which  the  new 
district  was  formed  until  the  first  day  of  July  next  suc- 
ceeding the  formation  of  the  new  district.  If  the  residents 
of  the  new  district  think  proper  to  begin  the  school  therein 
prior  to  the  first  day  of  July,  they  must  support  it  at  their 
own  expense. 

58.  During  the  year  next  succeeding  tlie  formation  of  a 
new  district,  there  can  be  no  apportionment  for  average 
daily  attendance,  because  the  new  district  is  not  supposed 
to  have  any  such  attendance. 

59.  Under  the  decision  of  the  Attorney-Cieneral,  the 
funds  apportioned  in  July  of  any  year,  having  accrued 
from  taxes  levied  for  the  school  year  ending  June  30th, 
and  from  interest  accruing  during  said  year,  belong  to  the 
school  year  ending  June  30th;  and,  although  the  appor- 
tionment is  not  made  until  July,  these  funds  are  to  be 
used  for  the  support  of  schools  for  the  year  ending  June 
30th  preceding.  Any  balance  is  carried  over  to  the  credit 
of  the  districts  for  the  year  in  which  the  apportionment  is 
made.     New  districts  are   not  entitled  to  any  portion  of 


290  OPINIONS    OF   STATE    SUPERINTENDENTS. 

the  July  apportionment,  as  this  apportionment  belongs  to 
the  year  in  which  the  new  district  was  formed. 

60.  A  district  that  has  less  than  ten  census  children  is 
not  entitled  to  an  apportionment  of  $'400  or  $500;  but  it  is 
entitled  to  a  pro  rata  apportionment  of  money  remaining 
after  the  apportionment  of  $400  and  $500  has  been  made 
to  districts  entitled  thereto. 

ATTENDANCE,  AVERAGE   DAILY. 

(il.  In  cases  where  kindergarten  classes  have  been  estab- 
lished, the  children  under  six  years  of  age  are  to  be  regarded 
in  the  same  light  as  children  over  seventeen.  Children  over 
seventeen  have  always  been  counted  in  estimating  the 
average  daily  attendance.  Pupils  attending  high  schools 
are  not  counted,  because  neither  city  high  schools  nor 
other  high  schools  are  supported  except  as  provided  by 
law.  The  State  Fund  is  never  apportioned  to  high  schools; 
nor  do  they  receive  any  benefit  from  county  funds.  These 
schools  in  cities  are  supported  by  city  taxes,  and  where 
formed  under  the  County  or  Union  High  School  Bills, 
they  are  supported  as  provided  in  those  bills. 

()2.  The  average  daily  attendance  in  high  schools  forms 
no  factor  in  the  apportionment  of  either  State  or  county 
school  mone3''s.  The  support  of  high  schools  is  provided 
for  in  the  Acts  relative  to  high  schools,  or  in  the  charters 
of  cities,  and  the  State  and  county  funds  are  to  be  appro- 
priated to  the  maintenance  of  primary  and  grammar 
schools. 

BIBLE,  THE. 

63.  The  Political  Code  does  not  prohibit  reading  of  the 
Scriptures  in  the  public  schools.  The  law  reads,  that  there 
shall  be  no  sectarian  or  denominational  instruction  given 
in  the  schools. 

64.  There  is  nothing  in  the  law  that  i)rohibits  the  read- 
ing of  the  l>iblc  in  the  jjuhlic  schools.  The  Bil)lo  is  not  a 
sectarian  book,  nor  is  the  Lord's  I'rayer  referred  to  in  the 
law, 

65.  The  Legislature  has  never  taken  action  relative  to 
the  use  of  the  Bible  in  the  public  schools.  Its  use  is  a 
matter  to  l)c  determined  by  the  Trustees  or  the  County 
I'.oaid  of  Education. 


OPINIONS    OV    SIATi:    SIM'KKINTKNKENTS.  21(1 

BIKN N 1 A  L  CON VKNTION. 

()().  By  the  fourteenth  subilivision  of  .Section  153.'iof  the 
Political  Code,  the  law  in  a  very  explicit  manner  leaves  no 
option  to  thg  County  Superintendents  about  attending  the 
biennial  convention;  the  law  is  imperative, 

67.  The  Board  of  Supervisors  of  a  county  must  pay  the 
expenses  of  the  County  Superintendent  incurred  in  at- 
tending the  biennial  session  called  by  the  State  Superin- 
tendent, under  Section  1533  of  the  Political  Code.  I  do 
not  see  anything  in  the  County  (lovernnient  Act  in  con- 
flict with  said  section.  (Attorney-General  Johnson,  De- 
cember, 1888.) 

G8.  Superintendents  cannot  be  paid  a  per  diem  for  at- 
tending the  biennial  convention  of  Superintendents.  This 
is  one  of  their  official  duties.  They  are  entitled  only  to 
their  necessary  traveling  and  subsistence  expenses. 

BILLS. 

69.  The  law  relating  to  bills  being  itemized,  except  in 
the  case  of  teachers'  salaries,  is  mandatory,  and  cannot  be 
suspended  to  accommodate  Census  Marshals,  or  District 
Clerks.  The  Superintendent  should  refuse  to  draw  his 
requisition  in  favor  of  a  Census  Marshal  unless  the  bill  is 
itemized,  or  when  the  amount  claimed  is  plainly  in  excess 
of  a  reasonable  amount. 

70.  An  itemized  account  of  everything  purchased,  or  of 
work  done  for  the  Board  of  Trustees  sliould  always  ac- 
company the  Trustees'  order.  When  Trustees  purchase 
supplies  for  their  schools,  or  have  work  done  for  the  same, 
and  they  pay  for  the  same,  they  cannot  make  out  an  order 
in  favor  of  themselves,  without  at  least  presenting  the 
receipted  bill  of  the  firm  or  the  party  employed. 

BLACKBOARDS. 

71.  The  Library  Fund  cannot  be  legally  used  in  the  pur- 
chase of  a  blackboard. 

72.  Blackboards  do  not  fall  under  the  head  of  apparatus, 
and  cannot  be  paid  for  out  of  the  Library  Fund.  Black- 
boards are  school  furniture,  and  must  be  paid  for  out  of 
the  County  Fund,  after  eight  mouths'  school  has  been 
taught. 


•20-2  OPINIONS    OF   STATE   SUPEltlNTENDENTS. 

BOARDS  OF  EDUCATION,  CITY. 

73.  City  Boards  of  Education  are  not  required  to  elect 
teachers  annuall3\ 

74.  Accordinf;  to  Section  1576  of  the  Political  Code,  as 
amended  by  the  Legislature  of  1893,  parties  residing  in 
territory  which  has  l)een  annexed  to  a  city  for  school  pur- 
poses, are  entitled  to  vote  for  members  of  Boards  of  Edu- 
cation and  of  Boards  of  Trustees.  They  vote  at  precincts 
designated  in  their  own  portion  of  the  territory,  each  sep- 
arate portion  of  outside  territory  being  an  election  precinct 
by  itself.  The  legislative  authority  of  the  city  or  town 
designates  the  precincts;  and  the  electors  in  the  outside 
territory  vote  only  for  the  members  of  the  Board  of  Edu- 
cation, or  Board  of  Trustees. 

BOARD  OF  EDUCATION,  COUNTY. 

75.  The  acts  of  a  person  appointed  by  the  Superintend- 
ent to  fill  the  place  of  an  absent  member  of  the  Board  of 
Education  during  his  absence  would  be  illegal. 

76.  The  County  Superintendent  of  Schools  is  a  member 
of  the  Board  of  Education.  Any  three  members  are  a 
quorum,  and  on  all  general  business  the  vote  of  two  mem- 
bers is  the  will  of  the  Board  ;  but  the  law  excepts  the 
adoption  of  textbooks,  and  the  granting  of,  or  revocation 
of,  certificates.  These  grave  matters  require  the  united 
votes  of  tJioxt  menibers  who  constitute  a  majority  of  the 
Board,  whether  all  the  members  are  present  or  not.  If 
there  are  but  tliree  members  present  and  they  all  vote  to- 
gether, well  and  good  on  any  and  all  matters;  but  should 
the  matter  fall  in  the  excepted  cases  named  in  Section 
1768,  and  only  tivo  vote  together,  then  nothing  is  done  on 
that  particular  matter.  All  acts  of  the  Board  heretofore 
done  are  valid,  provided  they  follow  the  law  as  here  ex- 
plained. 

77.  The  members  of  the  County  Board  of  Education 
have  a  legal  claim  for  services  rendered  in  examining  the 
schools. 

78.  When  a  member  of  the  County  Board  of  Education 
prepares  students  for  examination  by  the  Board  of  which 
he  is  a  member,  his  action  is,  under  Section  1776  of  the 
Political  Code,  a  misdemeanor.  Upon  conviction  thereof 
his  oHice  shall  Ijc  declared  vacant. 


OPINION'S   OF   STATE    St'rKRINTENI)ENTS.  29.*? 

79.  Xo  menil)er  of  a  County  Board  of  Education  has  tlie 
legal  power  to  appoint  a  deputy  to  perform  duties  devolv- 
ing upon  him  as  such  nieniber,  unless  it  be  the  County 
Superintendent.  The  Deputy  of  the  Superintendent  can 
act  as  such  member  by  virtue  of  his  being  .such  Deputy. 

80.  When  any  member  of  a  County  Board  of  Education 
is  engaged  in  preparing  students  to  be  examined  by  the 
Board  of  wliich  he  is  a  member,  and  in  Avhich  examination 
he  takes  a  part,  he  is  guilty  of  unprofessional  conduct  in 
the  highest  degree,  and  renders  himself  liable  to  have  his 
own  certificate  or  diploma  revoked. 

81.  The  County  Superintendent  is  a  member  of  the 
County  Board  of  Education,  with  all  the  powers  that  be- 
long to  other  members.     Section  1768  is  explicit. 

82.  There  is  nothing  in  the  school  law  which  makes  the 
duties  of  any  member  of  the  County  Board  of  Education 
conHict  with  the  duties  of  Trustees. 

88.  The  County  Superintendent  is  undoubtedly  a  mem- 
ber of  the  County  Board  of  Education.  (See  Section  17()8 
of  the  Political  Code,  in  which  the  language  is  specific  and 
pointed.)  The  County  Superintendent  should  participate 
to  the  fullest  extent  in  the  deliberations  of  the  Board,  and 
he  sliould  perform  his  part  in  the  examination  of  all  ap- 
plicants for  teachers'  certificates. 

84.  As  a  member  of  a  County  Board  a  party  should 
have  gained  a  residence  in  the  county  as  well  as  in  the 
State. 

85.  The  law  provides  that  two  members  of  the  County 
Board,  at  least,  must  be  teachers  holding  first  grade  cer- 
tificates. Such  teachers  are  entitled  to  pay  for  the  time 
spent  in  attending  to  their  duties  as  members  of  the  Board. 

86.  According  to  Section  1770  of  the  Political  Code,  the 
County  Board  of  Education  must  meet  semi-annually  for 
the  examination  of  applicants  for  teachers'  certificates. 
The  law  also  prescribes  other  duties  for  the  Board;  hence 
the  Board  should  meet  more  than  twice,  if  necessary,  and, 
of  course,  should  receive  pay  for  all  their  sessions. 

87.  I  do  not  think  that  the  Board  of  Supervisors  of  a 
county  can  deprive  members  of  the  County  Board  of  Edu- 
cation of  their  per  diem  for  three  days,  for  tlie  reason  that 


294  OPINIONS   OF   .STATE   SUPERINTENDENTS. 

it  took  three  days  for  them  to  prepare  questions  for  appli- 
cants for  teachers' certificates.  The  law  says  "the  Board 
of  Supervisors  shall  allow  a  p«r  diem  of  five  dollars  to 
each  member  of  the  County  Board  of  Education,"  and 
does  not  say  that  the  questions  shall  be  prepared  before- 
hand, nor  does  it  limit  the  time  for  such  meetings. 

88.  County  and  City  Boards  of  Education  are  supreme 
as  far  as  the  s^ranting  of  certificates  is  concerned.  So  also 
in  the  matter  of  recommending  for  life  or  educational 
diplomas.  They  may  or  may  not  recommend,  as  in  their 
judgment  they  deem  proper. 

89.  A  resident  of  another  county  cannot  be  selected  as 
a  member  of  the  County  Board  of  p](lucation.  If  no  one 
in  the  county  can  be  found  capable  of  filling  the  position, 
let  it  remain  unfilled. 

90.  The  County  Board  of  Education  must  hold  meetings 
semi-annually  for  the  examination  of  teachers;  but  for 
other  purposes  they  may  meet  as  often  as  may  be  deemed 
necessary;  there  is  no  limit. 

91.  As  many  days  are  allowed  for  sessions  of  the  Board 
of  Education  as,  in  the  judgment  of  the  Board,  may  be 
deemed  necessary. 

93.  When  members  of  the  County  Board  of  Education 
have  been  summoned  to  meet  for  the  purpose  of  investi- 
gating charges  preferred  against  a  teacher,  they  are  enti- 
tled to  the  regular  per  diem  and  traveling  expenses. 

94.  Members  of  the  ]5oard  of  Education  are  not  entitled 
to  any  extra  pay  for  night  sessions.  The  per  diem  has  no 
reference  to  sessi(ms. 

95.  Under  the  law  the  members  of  the  County  Boards 
hold  their  office  for  two  years  or  until  their  successors  have 
qualified.  Members  of  County  Boards  are  ofiicers  under 
the  law  and  nnist  qualify  l)y  taking  the  oath  of  office 
within  ten  days  after  appointment,  otherwise  the  appoint- 
ment is  null  and  void,  and  it  would  be  the  duty  of  the 
Superintendent  to  appoint.  If  at  the  expiration  of  two 
years  the  Board  of  Supervisors  fail  to  appoint  members  of 
the  Board,  it  is  the  duty  of  the  Superintendent  to  appoint. 

90.  The  (rauscf  enumerated  in  Section  99(5  of  the  Polit- 
ical  Code  will  opcratt'  in  the  case  of   mi'ml)ers  of  County 


I 


OPINIONS   OF   STATE   SUPERINTENDENTS.  295 

Boards  of  Education.  Non-residents  cannot  hold  positions 
on  such  boards.  All  members  of  such  boards  must  take 
the  usual  oath  of  office  before  entering  upon  the  discharge 
of  their  duties;  otherwise  their  appointment  would  be  null 
and  void  after  the  period  of  ten  days. 

97.  Being  Chairman  or  a  member  of  a  City  Board  of 
Examination  does  not  preclude  one  from  being  a  member 
of  a  County  ]>oai-d  of  Eilueation.  It  would,  however,  be 
more  in  accord  with  what  is  appropriate  that  one  should 
not  be  a  member  of  both  boards. 

9S.  The  members  of  the  County  Board  of  Education  are 
entitled  to  salary  whenever,  for  any  purpose  connected 
with  the  schools,  it  becomes  necessary  for  them  to  meet. 

BONDS. 

99.  Money  obtained  by  selling  bonds  can  be  used  only 
for  the  purpose  of  erecting  school-houses,  or  purchasing 
one  or  more  school-houses,  and  furnishing  the  same,  and 
liquidating  the  indebtedness  of  school-houses  already  built. 
This  money  is  used  in  connection  with  school- /toiise-<  only, 
as  will  appear  l)y  the  language  of  Section  ISSO  of  the  Po- 
litical Code.  Section  1830  of  the  Political  Code  provides 
that  the  Board  of  Trustees  of  a  district  may  call  an  elec- 
tion in  a  district,  by  which  it  shall  be  determined  whether 
the  people  in  that  district  will  submit  to  a  tax  by  M'hich 
additional  school  facilities  shall  be  furnished.  The  money 
raised  by  this  tax  can  be  expended  only  for  the  purposes 
for  which  it  was  raised;  it  cannot  be  used  to  pay  interest 
on  bonds.  Section  1887  provides  for  the  payment  of  this 
interest  by  another  method.  The  Board  of  Supervisors 
must  provide  a  fund  for  the  payment  of  this  interest  by 
levying  a  tax  for  that  purpose  at  the  same  time  that  they 
levy  taxes  for  the  county  purposes. 

100.  If  a  new  district  is  partially  formed  b}'  the  division 
of  an  old  one,  it  becomes  entitled  to  all  property  lying 
within  its  own  boundaries,  and  is  subject  to  the  propor- 
tionate indebtedness  of  those  portions  of  other  districts 
which  have  been  a  part  of  it.  A  district  issues  bonds  for 
the  purpose  of  obtaining  money  with  which  to  build  a 
school-house:  a  part  of  this  district  has  since  become  a 
part  of  a  new  one.  As  the  debt  lias  not  been  paid,  although 
a  part  of  a  new  district,  it  is  still  liable  for  its  share  of  tlie 

10 


296  OVINIOXS    OF   STATE   SPPEIITXTENDENTS. 

indebtedness.    This  is  in  accordance  with  a  plain  principle 
of  equity.     (See  Hughes  v.  Ewing,  93  Cal.,  414.) 

101.  A  Board  of  Supervisors  should  not  change  the 
amounts,  denominations,  etc.,  of  bonds,  from  amounts,  de- 
nominations, etc.,  set  forth  in  the  notices  signed  by  the 
Board  of  Trustees.  If  they  could  so  change  them,  there 
Avould  be  no  use  for  the  steps  precedent  taken  by  the 
Trustees;  and  the  section  providing  for  them  in  the  Po- 
litical Code  would  have  no  effect  given  to  it.  It  will  be 
necessary  for  Trustees  to  commence  de  novo,  and  provide 
in  their  notices  for  bonds  which  will  come  within  the  limits 
of  the  taxable  property  in  the  district  as  shown  by  the  last 
equalization  assessment  book  of  the  county. 

102.  When  a  district  is  divided  the  parts  into  which  it 
is  divided  are  not  freed  from  responsibility  by  that  act 
from  the  debts  of  the  original  district.  The  rights  of  par- 
ties cannot  be  affected  or  destroyed  by  the  act  of  division. 
The  new  districts  so  formed  are  as  responsible  for  the 
bonded  indebtedness  of  the  old  district  as  was  that  dis- 
trict itself.  (See  Thompson  v.  Abbott,  61  Mo.,  176; 
Stroud  V.  Stevens  Point,  37  Wis.,  367;  Rogers  v.  People, 
68  111.,  154;  Hughes  v.  Evving,  93  Cal.,  414.) 

103.  After  notice  given  for  an  election  for  bonds  to  the 
sum  of  $!2,000,  a  vote  cannot  be  legally  cast  for  ,ii;i,o00. 

104.  In  case  a  school  district  has  issued  bonds  for  build- 
ing a  school-house  and  subsequently  a  new  district  is 
formed  from  a  part  of  said  district,  the  tax  to  be  levied 
under  the  law  is  to  be  upon  the  taxable  property  of  the 
district,  and  if  at  the  time  of  the  levy  a  part  of  the  prop- 
erty of  the  old  district  is  in  a  new  district,  such  property 
in  the  new  district  is  not,  in  my  opinion,  liable  to  tax. 
(This  opinion  is  confirmed  in  the  case  of  Hughes  v.  Evving, 
93  Cal.,  414. — J.  W.  A.)  Attorney-Ceneral  Johnson,  De- 
cember,  1888. 

105.  There  is  nothing  in  the  law  prohil)iting  the  chang- 
ing of  tlie  boundaries  of  a  district  prior  to  the  time  when 
bonds  which  may  have  been  issued  are  paid;  but  in  a  case 
presented  to  Attorney-Ceneral  Hart  in  relation  to  bonds, 
he  decided  that  the  "inhabitants  of  the  territory  voting 
the  lionds  will  have  to  pay  them."  (See  Hughes  v.  Ewing, 
93  Cal.,  414.) 


OPINIONS    OF    STATK    SU  I'KIilNTKN  UKNTS.  297 

101).  In  my  opinion  Boards  of  Hi(^li  School  Trustees, 
under  Section  (J  of  the  High  School  Act  (Statutes  of  18D1, 
p.  188),  have  power  to  "  submit  to  the  electors  of  the  dis- 
trict whetlier  bonds  of  such  district  shall  be  issued  and 
sold  "  for  the  purposes  mentioned  in  Section  1880,  Political 
Code.     (Second  Deputy  Attorney-Cieneral  Sanders.) 

BOOKCASES. 

107.  A  bookcase  cannot  be  purchased  with  the  library 
fund,  it  being  furniture. 

108.  A  bookcase  is  part  of  the  furniture  of  a  school  and 
cannot  legally  be  purchased  with  the  library  fund. 

109.  The  library  fund  cannot  be  used  for  the  purchase 
of  bookcases.  Bookcases  do  not  come  under  the  head  of 
apparatus,  but  under  that  of  "  school  furniture,"  or  under 
that  of  "  such  other  things  as  may  be  needed." 

110.  The  law  will  not  permit  the  purchase  of  a  library 
case  from  the  library  fund.  Bookcases  are  school  furni- 
ture, and,  hence,  cannot  be  paid  for  out  of  library  moneys; 
they  can  be  paid  for  out  of  the  county  fund  after  an  eight 
months'  school  has  been  maintained. 

BOOKS,  LIBRARY. 

111.  District  Trustees  have  power  to  purchase  only  the 
books  that  have  been  adopted  by  the  County  Board  of 
Education. 

112.  Section  1771  of  the  Political  Code  gives  to  County 
Boards  of  Education  the  power  to  prescribe  the  list  of 
books  for  the  school  libraries.  They  alone  have  that 
power;  the  State  Board  of  Education  has  only  the  power 
to  recommend.  The  Trustees  have  no  power  to  purchase 
books  not  on  the  list  adopted  by  the  County  Board.  But 
the  Trustees  may  determine  what  books  on  the  list  adopted 
they  will  purchase. 

113.  Books  that  are  not  on  the  list  adopted  by  the 
County  Board  of  Education  cannot  be  paid  for  out  of  the 
library  fund. 

114.  The  law  places  the  adoption  of  a  list  of  books  for 
libraries  in  the  hands  of  the  County  Board  of  Education. 
When  once  adopted,  the  list  must  be  adhered  to.  The 
law  permits  no  one  else  to  make  a  list,  and  the  County 


298  Ol'INIONS    OF   STATE    SUPEJaXTEN  OENTS. 

Superintendent  should  not  draw  a  requisition  to  pay  for 
any  book  not  to  be  found  on  the  official  list. 

115.  Section  1771  of  the  Political  Code,  Subdivision  4, 
makes  it  the  duty  of  the  County  Board  of  Education  to 
adopt  a  list  of  books  for  the  district  school  library.  If  it 
is  their  duty  to  adopt  such  list,  it  is  the  duty  of  Trustees 
and  teachers  to  abide  by  that  adoption.  A  Superintendent 
does  his  duty  when  he  refuses  to  draw  a  warrant  to  pay 
for  books  or  apparatus  not  on  the  adopted  list. 

116.  Trustees  have  not  a  legal  right  to  purchase  books 
or  apparatus  not  adopted  by  the  County  Board  of  Educa- 
tion. Should  they  do  so,  the  Superintendent  should  refuse 
to  draw  his  requisition  in  payment  of  the  amounts  due. 

117.  The  County  Fund,  after  an  eight  months'  school 
has  been  taught,  can  be  used  for  the  purchase  of  apparatus, 
but  not  for  the  purchase  of  library  books.  (See  opinion  of 
Attorney-General  Johnson  in  May  number  of  the  Journal 
in  1888,  page  151.) 

118.  It  is  the  duty  of  County  Boards  of  Education  to 
adopt  lists  of  books  for  school  libraries.  The  Trustees  arc 
not  at  liberty  to  purchase  books  that  have  not  been 
adopted  by  the  County  Board  of  Education,  and  the  Su- 
perintendent must  refuse  to  issue  his  requisition  upon  the 
Auditor  for  any  warrant  in  payment  for  books  not  adopted 
by  proper  authority. 

119.  Trustees  are  not  at  liberty,  under  the  law,  to  pur- 
chase any  books  or  apparatus  that  have  not  been  adopted 
by  the  County  Board  of  Education,  even  though  such 
books  or  apparatus  may  have  been  recommended  by  the 
State  Board  of  Education. 

120.  There  is  no  provision  in  the  law  which  authorizes 
Boards  of  Education  or  Boards  of  Trustees  to  dispose  of 
any  library  books  by  sale.  In  the  case  of  a  lapsed  district, 
the  Board  of  Supervisors  of  the  county  can  dispose  of  the 
property  of  the  district. 

121.  The  amended  law  provides  that  all  orders  for  books 
or  apparatus  made  by  Boards  of  Trustees  must  be  sub- 
mitted to  the  Superintendent  of  Schools  for  his  approval 
before  the  books  can  be  purchased.  If  this  is  not  done, 
the  Superintendent  is  authorized  to  refuse  to  draw  a  requis- 
ition in  payment  of  the  order. 


OiPINIONS   OF   STATE   SUPERINTENDENTS.  2f»0 

122.  Trustees  cannot  issue  an  order  for  hooks  or  appar- 
atus to  exceed  the  amount  of  funds  accruing  to  the  district 
for  the  school  year;  if  they  do,  the  order  is  void  as  against 
the  district. 

123.  An  order  for  hooks  or  apparatus  not  authorized  at 
a  regular  or  special  meeting  of  the  Board  of  Trustees  is 
null  and  void.  No  business  of  any  kind  is  valid  unless 
transacted  at  a  meeting  of  the  Board,  of  which  the  mem- 
bers have  had  notice. 

BOOKS,  SUPPLEMENTARY. 

124.  Supplementary  books  of  any  kind  can  be  purchased 
with  the  Library  Fund,  provided  such  books  have  been 
adopted  by  the  County  Board  of  Education.  One  copy  of 
each  book  may  be  purchased,  or  a  number  of  each  book 
sufficient  to  supply  a  whole  class  in  the  school  may  be  pur- 
chased. When  purchased  such  books  are  library  books, 
and  must  be  marked  as  such.  It  is  a  violation  of  the  law 
for  teachers  to  require  pupils  to  purchase  any  book,  except 
those  required  by  the  course  of  study  as  regular  text-books. 

125.  Supplementary  books  may  be  purchased  with  the 
Library  Fund  (Section  1712);  but  such  cannot  be  made  to 
take  the  place  of  the  adopted  text-books,  nor  can  they  be 
adopted  as  texc-books.  Under  no  circumstances  can  pu- 
pils be  required  to  purchase  supplementary  books,  or  any 
books  not  coming  within  the  purview  of  text-books  proper. 
(See  Chapter  CCXXXVII,  page  81,  of  School  Law.) 

BUILDING. 

126.  Under  Subdivision  5,  of  Section  1617  of  the  Polit- 
ical Code,  the  Trustees  may  build  a  school-house  when 
authorized  by  the  vote  of  the  district.  Under  Section 
1621,  the  Trustees  must  use  the  money  received  from 
county  apportionments  exclusively  for  the  support  of 
school  for  that  school  year  until  an  eight  months'  school 
has  been  maintained.  After  school  has  been  maintained 
for  eight  months,  any  balance  remaining  at  the  end  of  the 
year  may  be  used  to  pay  claims  outstanding.  If  there  is 
still  a  balance  on  hand,  after  the  maintenance  of  an  eight 
months'  school,  and  after  the  payment  of  claims  outstand- 
ing, the  money  remains  to  the  credit  of  the  district,  and 
may  be  used  the  year  succeeding.  If  in  a  district  an  eight 
months'  school  is  kept  year  after  year,  and  a  balance  ac- 


300  OPINIONS   OF   STATE   SUPERINTENDENTS. 

cumulates  to  the  credit  of  the  district,  the  portion  of  this 
sum  which  was  received  from  the  county  may  be  used  for 
any  of  the  purposes  authorized  by  this  chapter.  (Section 
]622,)  One  of  the  purposes  so  authorized  is  the  building 
of  a  school-house  by  the  Trustees  when  so  directed  by  vote 
of  the  district.  (Section  1617.)  After  the  maintenance 
of  an  eight  months'  school,  the  portion  of  the  balance 
which  was  received  from  the  county  is,  under  the  above 
limitations,  subject  to  such  use. 

127.  A  district,  after  keeping  school  six  months,  cannot 
use  any  balance  remaining  on  hand  for  building  a  school- 
house.  The  State  and  county  moneys  must  be  exclusively 
used  for  the  support  of  the  school  until  an  eight  months' 
school  has  been  taught. 

128.  Trustees  have  no  power  to  enter  into  a  contract  for 
the  building  of  a  scliool-house  immediately  after  a  tax  for 
that  purpose  has  been  voted.  They  must  wait  until  the 
tax  has  been  collected  and  paid  into  the  County  Treasury 
for  the  use  of  the  district.  It  can  then  be  used  only  for 
that  purpose  \vhich  was  specified  in  the  notice  of  election. 

120.  From  the  balance  of  County  Fund  left  after  an 
eight  months'  school  the  building  of  a  school-house  can  be 
paid  for,  if  the  money  is  due  before  the  expiration  of  the 
fiscal  year,  and  it  has  become  a  claim  against  the  district 
outstanding.     And  so  of  fences  and  furniture. 

130.  A  Board  of  Trustees  cannot  biiild  a  school-house, 
and  lawfully  pay  for  the  same  out  of  money  belonging  to 
the  district,  without  first  being  directed  to  do  so  by  the 
qualified  electors  of  the  district. 

181.  In  case  a  building  has  been  destroyed  by  fire,  be- 
fore rebuilding  a  meeting  must  be  called  to  determine  the 
matter,  in  accordance  with  Section  ]()17  of  the  Political 
Code. 

132.  Trustees  should  in  no  case  build  a  school -house 
upon  private  property  without  first  actjuiring  a  legal  right 
to  the  same,  as  the  building  could  be  claimed  by  the  owner 
of  the  land. 

13.3.  Section  1876  of  the  Political  Code  decides  definitely 
that  no  Trustee  can  be  interested  in  any  contract  made  by 
the    Board  of  which   he  is  a  memlier.      Hence,  a  Trustee 


OPINIONS    OF   STATE    SrPERTNTENDENTS.  301 

Avho  is  a  carpenter  cannot  take  a  contract  from  his  Board 
to  build  a  school-iiouse. 

134.  Trustees  cannot  draw  money  to  pay  for  the  mater- 
ials to  build  a  school-house  before  the  work  is  done.  Req- 
uisitions should  be  drawn  only  for  materials  furnished  and 
work  actually  done. 

135.  The  legal  course  for  Trustees,  when  about  to  build 
a  school-house,  is  to  advertise  for  plans  and  specifications. 

13f).  The  County  Fund  cannot  be  used  to  pay  any  lia- 
bilities of  the  district,  or  for  the  purpose  of  building,  until 
after  an  eight  months'  school  has  been  taught. 

CENSUS. 

137.  The  law  makes  it  the  duty  of  the  County  Superin- 
tendent to  have  the  census  retaken  if  at  any  time  he  has 
reason  to  believe  it  has  not  been  correctly  taken.  If  the 
Trustees  of  a  district  will  testify  to  the  Superintendent 
that  the  returns  are  wrong,  it  is  his  duty  to  liave  the  cen- 
sus retaken  or  corrected,  and  then  he  must  make  his  ap- 
portionment to  correspond  with  the  amended  returns. 

138.  In  taking  the  census  of  a  joint  district,  the  children 
in  each  county  must  be  reported  separately.  The  number 
belonging  in  each  county  must  be  given  to  that  county, 
otherwise  the  State  Superintendent  cannot  apportion  the 
State  School  Fund  correctly. 

139.  Section  52  of  the  Political  Code  says  :  "The  resi- 
dence of  the  father  during  his  life,  and  after  his  death  the 
residence  of  the  mother,  while  she  remains  unmarried,  is 
the  residence  of  the  unmarried  minor  child."  Under  this 
statute  a  minor  child  should  be  listed  where  his  parents 
live. 

140.  If  the  census  of  a  district  has  been  taken  by  a 
Trustee  without  his  having  been  appointed  and  qualified 
as  a  Census  Marshal,  the  census  so  taken  would  be  illegal. 

CENSUS  CHILDREN. 

141.  In  the  matter  of  orphan  asylums,  Section  163S  of 
the  Political  Code  governs.  The  sisters  in  charge  of  the 
institiition  are  not  guardians  of  the  children  witliin  the 
meaning  of  the  law,  unless  they  have  been  duly  appointed 
by  a  competent  court,  and  unless  there  is  proof  of  such 
appointment  the  children  should  not  be  included  in  the 


302  OPINIONS   OF   STATE    SUPERINTENDENTS. 

Census  Marshal's  report.     (Attorney-General  A.  L.  Hart, 
August,  1881.) 

142.  When  children  of  a  family  are  taken  by  the  Census 
Marshal  in  one  district  on  the  morn'wij  of  the  loth  of 
April,  and  the  same  family  moves  into  another  district  in 
the  (ifternooti  of  the  15th,  the  Marshal  in  the  district  to 
which  they  have  moved  should  not  list  the  children,  they 
having  already  been  listed  in  the  other  district. 

143.  If  children  who  reside  in  the  district  on  the  summit 
of  the  Sierras  during  the  summer  leave  the  district  in  the 
winter  because  of  the  snow,  icith  the  intention  of  returnnxj 
again,  it  matters  not  when  they  return,  whether  later  tliis 
year  or  earlier  than  usual,  tliey  are  still  residents  of  the 
district,  and  the  Census  Marshal  can  enumerate  them, 
whether  in  the  district  or  out  of  it. 

144.  The  Census  Marshal  must  not  include  in  his  report 
children  who  are  attending  orphan  asylums  in  his  district, 
but  whose  parents  or  guardians  <lo  not  reside  therein. 
There  is  no  other  view  that  can  be  taken  of  Section  1638 
of  the  School  Law. 

145.  If  sisters  who  have  charge  of  an  orphan  asylum 
have  been  appointed,  by  will  or  by  deed,  to  take  effect 
upon  the  death  of  the  parent  appointing,  they  are  to  be 
considered  the  guardians  of  the  children  under  their  charge. 
If  the  child  be  legitimate  the  sisters  may  be  appointed 
guardian,  in  the  above  nianner,  with  the  written  consent 
of  the  mother,  by  the  father  ;  or  if  either  parent  be  dead 
the  written  consent  is  not  necessary.  If  the  cliild  is  ille- 
gitimate the  sisters  may  be  appointed  guardians  through 
the  last  will  of  the  mother,  or  by  a  deed  to  take  effect 
upon  the  death  of  the  mother.  In  other  cases  there  is  no 
law  by  which  the  sisters  become  guardians.  If  they  were 
to  be  considered  guardians  of  all  the  children  in  their  dis- 
trict who  did  not  have  other  guardians  in  the  distiict. 
Section  1()3S  would  be  useless  and  a  nullity.  In  the  con- 
struction of  a  statute  the  object  is  simply  to  ascci'tain  and 
declare  what  is  in  terms  or  in  substance  contained  therein, 
not  to  insert  what  has  l)een  omitted  or  to  omit  what  has 
been  inserted  ;  and  where  there  are  several  provisions  or 
l)articulars,  such  a  construction  is,  if  possible,  to  be  adopt- 
«;d  as  will  give  (iU'ect  to  all.  (See  Section  1858,  Code  of 
(Jivil  Procedure.)     The  reason  for  Section  1(138  is  that  as 


UIMNIONS    OK    STAIK    SI' I'KJIINTKN  DKNTS.  303 

oi[)lians  in  atteiuluuce  at  asylums  receive  every  year  for 
their  support  and  education  from  the  State  the  sums  of  ^75 
for  half  orphans  and  -SlOO  for  whole  orphans,  and  as  they 
are  being  educated  in  those  asylums,  the  district  should  not 
have  apportioned  to  it  an  additional  sum  to  pay  for  their 
support  in  puljlic  schools  which  they  do  not  attend.  Jf, 
however,  they  should  cease  to  be  educated  ia  the  asylums 
and  should  go  to  the  pul)lic  schools  to  Ije  educated,  the 
Census  Marshal  would  have  to  list  them  ;  and  a  certain 
sum  would  have  to  be  apportioned  in  consequence  for  their 
support,  while  the  asylum  would  cease  to  receive  the  sum 
which  had  formerly  been  provided  for  that  purpose.  [Tlie 
last  part  of  tins  opinion  is  doubtful.     J.  W.  A.] 

14G.  Mongolians  between  five  and  seventeen  who  are 
mdive  horn  in  the  United  States  are  to  be  listed  in  the 
proper  column. 

147.  When  children  attending  at  an  orphan  asylum  have 
parents  or  guardians  residing  without  the  district,  the 
Census  Marshal  in  the  district  in  which  the  asylum  is 
must  omit  those  names  from  his  list.  If  the  parents  or 
guardians  reside  in  the  district,  they  must  be  listed. 

14S.  No  Census  Marshal  must  count  children  in  the 
census  returns  when  said  children  are  in  the  district  only 
on  a  visit,  and  whose  parents  reside  in  other  districts. 
Such  a  proceeding  would  be  illegal  and  dishonest. 

141).  Children  should  have  arrived  at  the  full  age  of  five 
years  before  being  enrolled  by  the  Census  Marshal;  and 
they  should  not  be  listed  if  they  are  one  clat/  over  seven- 
teen years  of  age. 

150.  If  a  family  moves  into  a  district  on  the  loth  day  of 
April,  or  before  the  close  of  the  30th  day  of  April,  the 
children  in  such  family  should  be  listed  by  the  Marshal  in 
that  district,  unless  the  children  were  listed  in  the  other 
district  prior  to  the  removal  of  the  family  therefrom. 

CENSUS  MARSHAL. 

151.  Trustees  have  no  right  to  employ  one  of  their  num- 
ber as  Census  Marshal.  It  is  forbidden  by  Section  1876 
of  the  Political  Code. 

152.  A  Census  Marshal  must  not  include  in  his  report 
all  the  children  who  are  in  an  orphan  asylum  which  is  lo- 
cated  in   his   district,  but   those   only  whose   remaining 


304  OPINIONS    OF    STATK   .SUPEKINTEN  DENTS. 

parent  (if  half  orphans)  or  guardian  (if  they  have  any)  re- 
sides in  his  distriet.  The  other  ehiklreu  will  be  included 
in  the  reports  of  the  Census  Marshals  from  whose  districts 
they  came  to  the  asylum,  and  in  which  the  remaining 
parent  or  guardian  resides. 

153.  In  joint  districts  the  Census  Marshal  must  report 
to  each  County  Superintendent  the  ivliole  nauiher  of  census 
chiKlren  in  the  district;  and,  also,  the  number  of  children 
in  the  county  of  which  the  party  to  whom  the  report  is 
made  is  Superintendent.  This  is  necessary  in  order  that 
the  Superintendents  may  properly  apportion  the  school 
moneys  to  such  districts  in  accordance  with  Section  1583 
of  the  Political  Code. 

154.  A  young  man  being  only  eighteen  years  of  age, 
though  thoroughl}'  competent  otherwise,  is  not  eligible  as 
Census  Marshal.  Section  8il  of  tlie  Political  Code  reads: 
"  No  person  is  capable  of  iiolding  a  civil  office  who,  at  the 
time  of  his  election  or  appointment,  is  not  of  the  age  of 
twenty-one  years,  and  a  citizen  of  this  State." 

155.  No  indebtedness  incurred  in  one  fiscal  year  can  be 
paid  for  out  of  revenues  provided  for  another.  (See  Sec- 
tion 18,  Art.  XI,  State  Constitution.)  Consequently  the 
census  taken  in  May,  1884,  cannot  be  paid  for  out  of 
county  apportionment  of  the  present  school  year, 

156.  The  law  pi'ovides  that  Trustees  cannot  be  inter- 
ested in  contracts  made  by  them.  For  this  reason  Trustees 
cannot  be  paid  to  act  as  Census  Marshals.  If,  however, 
they  are  willing  to  act  without  pay,  I  see  no  reason 
against  it. 

157.  When  a  Trustee  takes  the  Census  and  violates  the 
law  by  paying  himself  out  of  the  school  fund,  the  District 
Attorney  should  be  consulted. 

158.  A  boy  sixteen  years  of  age  cannot  l)e  employed  to 
take  the  census. 

159.  A  School  Census  Marshal  is  a  civil  officer. 

160.  A  female  but  eighteen  years  of  age  cannot  legally 
act  as  a  School  Census  Marshal.  Section  841  of  the  Po- 
litical Code  makes  it  necessary  tiiat  any  person  to  be  eligi- 
ble to  any  public  olfice  must  have  attained  the  age  of 
twenty-one  years.  A  woman  who  is  of  the  age  of  twenty- 
one  years  may  legally  act  as  Census  Marshal. 


OriNIONS    OF   STATE   sri'KlUXTKN DENTS.  305 

IGl.  Members  of  Boards  of  Trustees  cannot  make  con- 
tracts with  themselves;  therefore  they  cannot  legally  re- 
ceive pay  for  taking  the  school  census.  If,  however,  a 
Trustee  volunteers  to  take  the  census,  it  is  the  opinion 
of  the  Attorney-CJeneral  that  the  census  returns  would  be 
valid. 

16*2.  No  Trustee  can  act  as  Census  ^Marshal,  unless  he 
chooses  to  do  so  without  compensation. 

1G3.  Census  Marshals  should  be  paid  out  of  the  county 
fund  of  the  district. 

16-4.  If  a  Trustee  takes  the  census,  he  cannot  take  any 
pay  therefor;  but  the  wife  of  a  Clerk  or  Trustee  may  take 
the  census  and  receive  compensation  therefor. 

165.  There  is  no  provision  in  the  law  for  the  appoint- 
ment of  Deputy  Census  Marshals;  but  all  necessary  as- 
sistance should  be  given  to  complete  the  work  in  the  time 
required  by  law. 

166.  If  a  School  Trustee  or  District  Clerk  acts  as  Census 
Marshal,  he  cannot,  under  the  law,  receive  any  pay  for 
such  work. 

167.  A  Census  Marshal  must  be  twenty-one  years  of 
age.  If  the  Trustees  have  appointed  a  Marshal  who  is 
under  twenty-one  years  of  age,  he  cannot  qualify,  and  the 
Trustees  should  till  the  vacancy  at  once.  If  they  fail  to 
do  so,  they  are  liable  under  Section  1624  of  tlie  Political 
Code. 

168.  There  is  no  law  authorizing  the  election  of  a  Cen- 
sus Marshal  by  the  people.  This  officer  must  be  appointed 
by  the  Board  of  Trustees,  on  or  before  the  first  day  of 
April  in  each  j  ear. 

169.  The  Board  of  Trustees  has  no  right  to  draw  upon 
the  funds  of  next  year  to  pay  Census  Mai^shals  for  this 
year,  and  the  Superintendents  ought  to  see  that  such 
orders  are  not  honored. 

170.  Census  Marshals  cannot  be  paid  for  this  year's 
work  from  next  year's  funds  until  after  an  eight  months' 
school  has  been  maintained;  should  there  be  a  balance,  it 
can  be  appropriated  to  the  payment  of  outstanding  claims. 

171.  If  a  district  loses  its  apportionment  in  consequence 
of  the  failure  of  the  Trustees  to  appoint  a  Census  Marshal 


306  oriNiONS  OF  state  superintendents. 

in  proper  time,  the  Trustees  are  liable  for  the  full  amount 
which  the  district  would  have  received  had  such  failure 
not  occurred;  and  this  sum  can  be  recovered  by  suit  at 
law  against  said  Trustees. 

17-.  The  Census  Marshal,  except  in  cities  having  Boards 
of  Education,  is  not  required  to  report  the  results  of  his 
Avork  to  any  parties  except  the  Superintendent  of  Schools. 
(See  Section  1634  of  the  Political  Code,  subdivision  2.) 
Superintendents  must  report  the  census  returns  to  the 
Superintendent  of  Public  Instruction  and  to  the  Board  of 
Supervisors.  The  Census  Marshals  must  report  on  or  be- 
fore the  10th  day  of  May;  the  Superintendents  must  re- 
port before  the  1st  day  of  Jul3\ 

173.  Should  it  be  necessary  for  a  Superintende.it  to  re- 
ject the  census  returns  as  presented  by  the  Census  Marshal 
of  a  district,  such  Census  Marshal's  salary  shoukl  not  he 
allowed.  The  salary  of  the  Marshal  appointed  by  the 
Superintendent  to  retake  the  census  in  such  district  must 
1)0  paid,  if  his  work  is  approved,  out  of  the  county  fund  of 
the  district  as  other  claims  upon  that  fund  are  paid.  (See 
subdivision  5  of  Section  1636,  and  Section  1639  of  the  Po- 
litical Code.) 

174.  If  the  census  has  been  taken  by  a  Trustee  who  has 
been  appointed  to  take  it,  such  Trustee  can  receive  no 
compensation  for  his  work;  otherwise  he  would  be  in- 
terested in  his  own  contract,  and  such  interest  is  contrary 
to  law. 

175.  If  a  Census  Marshal  has  been  appointed  to  take 
the  census  of  a  district,  he  alone  can  take  tlie  census;  the 
authority  to  do  so  cannot  1)6  delegated  to  another,  either 
in  part  or  in  Avhole. 

176.  If  the  son  of  one  of  the  Trustees  of  a  district  has 
been  appointed  to  take  the  census,  such  son  must  be 
twenty-one  years  of  age. 

177.  If  a  Trustee  refuses  to  sign  an  order  for  the  salary 
of  a  Census  Marshal  whose  work  has  been  approved,  it  is 
sufficient  if  a  majority  of  the  Trustees  sign  such  order.  If 
two  or  more  of  the  Trustees  refuse  to  sign  such  order,  the 
Marshal  can  have  recourse  to  tlie  law. 

178.  Should  it  be  necessary  for  the  County  Superin- 
tendent to   reject  the  census  of  an}'  di.strict  as  taken  l)y 


OPIXIONS    OF   STATE    SUPERINTENDENTS.  307 

the  Census  Marshal  appointed  for  such  district,  sucli 
Census  Marshal's  salary  must  be  withheld.  No  requisi- 
tion must  be  drawn  for  the  salary  of  a  Census  Marshal 
until  his  work  has  been  approved  by  the  County  Superin- 
tendent, 

179.  The  salary  of  a  Census  Marshal  appointed  by  the 
Superintendent  to  retake  the  census  of  any  district  must 
be  paid  out  of  the  county  fund  of  the  district,  as  other 
claims  upon  the  fund  are  paid  (see  Section  lf>3(),  subdi- 
vision 5,  and  Section  1639);  but  no  requisition  for  such 
Marshal  should  be  ordered  paid  until  his  work  has  been 
approved, 

180.  There  is  nothing  in  the  law  which  makes  it  illei^al 
for  a  Trustee  to  act  as  a  Census  Marshal,  but  a  Trustee 
acting  in  the  capacity  of  Census  Marshal  cannot  receive 
any  compensation  for  his  services. 

181.  If  a  Trustee,  acting  as  a  Census  Marshal,  fails  to 
qualify,  the  census  taken  by  him  would  be  illegal,  and 
must  be  rejected  by  the  Superintendent. 

182.  The  census  taken  by  any  party  who  is  not  twenty- 
one  years  of  age  is  illegal,  and  must  be  rejected. 

183.  A  County  Superintendent  cannot  legally  issue  a 
requisition  for  tlie  salary  of  a  Census  Marshal  without  an 
ortler  from  the  Board  of  Trustees  or  the  Board  of  P^duca- 
tion,  except  as  provided  in  subdivision  5  of  Section  1()3G 
of  the  Political  Code. 

184.  A  woman  of  foreign  birth,  whose  husband  is  a  nat- 
uralized citizen,  is,  by  virtue  of  the  husband's  citizenship, 
a  citizen,  and  may  be  appointed  as  Census  Marshal, 

185.  No  Trustee,  nor  any  other  person,  can  act  as  sub- 
stitute for  a  Census  Marshal.  The  Census  Marshal  him- 
self, or  herself,  must  take  the  census,  and  cannot  delegate 
that  duty  to  any  one  else.  If  any  one,  except  the  properlj' 
appointed  Marshal,  should  take  the  census,  it  is  the  duty 
of  the  Superintendent  to  reject  the  census  so  taken,  and 
order  a  new  census. 

CERTIFICATES. 

186.  All  certificates,  after  the  expiration  of  the  time  for 
which  they  were  granted,  are  dciid,  and  cannot  bt-  legally 
renewed. 


308  OPINIONS   OF   STATE    SUPERINTENDENTS. 

187.  A  certificate  granted  on  one  that  has  expired  is  not 
a  renewed,  but  is  a  new  certificate,  issued  without  author- 
ity of  law,  and  is  therefore  invalid. 

188.  A  teacher  in  a  certain  county,  teaching  upon  a  tem- 
porary certificate,  and  who  held  a  valid  certificate  in  an- 
other county,  was  unable,  through  illness,  to  be  present  at 
the  examination  in  the  county  in  which  she  was  teaching. 
The  Board  of  Education  in  the  county  in  which  she  held 
the  valid  certificate  issued  to  her  a  new  certificate  upon 
her  vahd  one.  She  then  applied  to  the  County  Board  in 
which  she  was  teaching  upon  the  temporary  certificate  for 
another  temporary  certificate  upon  the  new  certificate 
granted  in  the  other  county.  Held,  that  it  was  not  legal 
to  grant  a  second  temporary  certificate,  under  Section  1543, 
Political  Code. 

189.  Any  resolution  providing  for  the  renewal  of  a  cer- 
tificate, which  shall  assume  either  to  lengthen  or  shorten 
the  time  fixed  by  law  for  the  validity  of  such  certificate, 
is  clearly  illegal,  and,  therefore,  null  and  void.  It  is,  of 
course,  within  the  power  of  the  Board,  for  reasons  which 
may  seem  to  its  members  to  be  good  and  sufficient,  to  re- 
fuse to  renew  a  certificate ;  and  it  would  seem  that  the 
same  considerations  which  would  lead  a  Board  to  see  its 
duty  in  a  refusal  to  license  a  teacher  for  the  full  legal 
time,  should  operate  with  equal  weight  and  force  to  cause 
them  to  refuse  any  renewal  and  any  license  whatsoever. 

190.  A  County  Board  can  grant  a  temporary  certificate, 
valid  until  the  next  examination,  even  though  the  certif- 
icate upon  which  it  is  granted  should  expire  before  the 
time  of  the  examination.  It  is  by  reason  of  holding  the 
temporary  certificate  that  the  teacher  is  eligible  to  take  a 
school  and  draw  a  salary,  and  not  on  account  of  the  orig- 
inal certificate. 

191.  An  expired  certificate  is  no  certificate  in  law;  it  is 
simply  an  evidence  that  the  person  named  therein  was  en- 
titled to  teach  in  the  public  schools  during  the  time  spec- 
ified and  no  lontjei'.  The  fact  that  a  period  of  time  was 
named  during  wiiicli  it  sliould  remain  valid,  sliows  con- 
clusively that  the  Legislature  considered  time  an  impor- 
tant element  in  the  contract.  It  would  be  quite  as  legal 
and  pr()j)er  foi-  a  notary  to  acknowledge  instruments  after 
the  expiration  of  liis  commission  as  for  a  teacher  to  act 


OPINIONS    OK   .STATIC   SU  PKKl  NTEN  UKNTS.  .301) 

upon  an  expired  certiticate,  or  for  a  Board  or  Superintend- 
ent to  recognize  it  as  in  full  force  ;  and  a  district  in  which 
a  teacher  should  be  employed  upon  no  other  credentials 
than  an  expired  certilicate,  or  one  issued  upon  it,  whether 
temporarily  or  otherwise,  would  be  liable  to  the  penalty 
expressed  in  Section  18(j0  of  the  Political  Code,  namely: 
"  No  district  is  entitled  to  receive  any  apportionment  of 
State  or  county  moneys,  unless  the  teachers  (all  the  teach- 
ers) in  the  schools  of  such  district  hold  legal  certificates  of 
fitness  for  teaching  in  full  force  and  effect."  It  is  entirely 
inexplicable  how  the  last  phrase  can  be  tortured  into  in- 
cluding an  expired  certificate — one  not  in  full  force  and 
efJect. 

102.  It  is  perfectly  legal  for  a  City  Board  to  grant  a 
first  grade  certificate  for  the  period  named  in  the  law  upon 
a  certificate  of  another  city  that  expires  in  a  short  time 
after  granting  the  new  certificate.  The  time  for  which  all 
certificates  are  to  l)e  issued,  whether  upon  examination  or 
upon  the  credentials  named  in  Section  1792,  must  be  the 
time  laid  down  in  Section  1791. 

193.  Under  .Section  1704  of  the  Political  Code,  no  per- 
son is  eligible  to  teach  in  any  public  school  in  this  State, 
or  to  receive  a  certificate  to  teach,  who  has  not  attained 
the  age  of  eighteen  years.  It  would  be  contrary  to  the  in- 
tent of  the  laM'  to  grant  a  certificate  to  a  person,  after  that 
person  had  attained  the  age  of  majority,  upon  an  exami- 
nation which  bad  taken  place  before  that  age  had  been 
reached.  If  such  a  proceeding  were  permitted,  the  exam- 
ination might  take  place  at  any  period  of  time  prior  to  the 
time  of  granting  the  certificate. 

194.  If  a  certificate  is  granted  to  renew  an  expired  one 
it  is  invalid,  and  a  recommendation  to  the  State  Board  of 
Education,  founded  upon  such  a  certificate,  would  be  in- 
valid. 

195.  In  the  matter  of  granting  certificates  a  County 
Board  of  Education  is  clothed  with  a  certain  degree  of  dis- 
cretionary power— a  power  to  act  in  accordance  with  the 
princii)les  and  dictates  of  their  own  reason.  If  they  have  this 
discretionary  power,  they  Mill  be  able  to  say  that  it  is  un- 
necessary for  an  applicant  to  pass  an  examination  in  cer- 
tain studies  again  in  which  he  has  already  been  examined 
at  a  previous  meeting  of  the  Board  and  in  which  he  has 


310  OPINIONS   OF   STATE   SUPEKINTENDENTS. 

ohtaiiied  the  required  percentages.  In  other  cases  the 
Board  will  have  the  power  to  compel  the  applicant  to 
again  pass  an  examination  in  studies  in  M'hich  they  have 
already  been  successful.  Of  course,  in  such  matters  the 
Board  must  be  governed  by  a  sound  discretion.  An  ap- 
plicant who  had  years  previously  passed  a  successful  ex- 
amination, who  had  not  since  been  engaged  in  teaching, 
who  had  since  given  no  study  to  the  subjects,  could  not 
stand  on  the  same  footing  as  a  person-  who  had  passed  in 
those  subjects  at  the  last  meeting  of  the  Board  with  high 
credit.  It  is  a  principle  of  common  law,  statute  law, 
common  sense  and  reason  that  in  the  administration  of 
law  no  useless  thing  is  required  to  be  done. 

196.  The  same  person  cannot  receive  a  tempf)rary  cer- 
tilicate  more  than  once  in  the  same  county,  whether  i^re- 
senting  a  certificate  of  the  same  grade  or  of  a  higher  grade. 

197.  A  Board  of  Education  has  no  power  to  receive  a 
certificate  which  has  once  expired  ;  to  renew  is  not  to  re- 
vive. Parties  desirous  of  renewal  must  make  application 
before  the  expiration  of  the  certificates,  so  that  they  may 
be  renewed  Avhile  there  is  yet  life  in  them. 

198.  There  is  no  sucli  thing  as  a  "  proper  "  certificate 
which  is  not  a  valid  certificate.  A  certificate  is  a  certifi- 
cate, and  there  is  the  end  of  the  whole  matter.  A  certifi- 
cate is  an  instrument  provided  for  by  law,  which  author- 
izes the  person  to  whom  it  has  been  granted  to  teach  in 
the  public  schools  within  certain  limits. 

199.  A  temporary  certificate  cannot  l)e  granted  upon  a 
temporary  certificate  from  another  county. 

200.  A  temporary  or  a  regular  certificate  may  be  issued 
on  the  diploma  of  the  San  Francisco  (Jirls'  High  School. 

201.  A  person  holding  a  certificate  from  the  county  of 
A  received  a  temporary  certificate  from  the  county  of  B, 
and,  appearing  at  tlie  next  exannnation  in  tlie  county  of  B, 
failed.  He  tlien  proposed  to  go  before  the  Board  in  the 
county  of  C  for  examination,  and,  if  he  passes,  will  apply 
to  the  Board  in  the  county  of  B  for  another  temporary 
certificate.  Section  154.S  of  tlie  Political  Code,  Subdivis- 
ion 7,  would  prohibit  the  issuance  of  such  a  temporary 
certificate. 

202.  Tlie  law  does  not  permit  the  issuance  of  a  tempo- 


OPISTOXS    OF   STATE   ST-PERTNTENDEXTS.  311 

rary  certificate  more  than  once  to  the  .same  party  in  the 
same  county. 

203.  A  teacher  who  hohls  only  a  second  grade  or  pri- 
mary grade  certificate  cannot  be  allowed  to  teach  in 
schools  of  the  grammar  grade. 

204.  The  County  Superintendent  of  Schools  has  no 
power  to  grant  temporary  certificates  upon  the  county 
certificates  of  other  States. 

205.  It  would  be  legal  for  a  County  Board  to  issue  a 
certificate  to  an  applicant  whom  they  had  one  year  pre- 
viously examined  and  found  well  qualified.  The  lapse  of 
a  year  does  not  necessarily  raise  a  presumption  against  the 
applicant's  proficiency. 

206.  Section  1704  of  the  Political  Code  says:  "  No  per- 
son is  eligible  to  teach  in  any  public  school  in  this  State, 
or  to  receive  a  certificate  to  teach,  who  has  not  attained 
the  age  of  eighteen  years."  Tliereis  nothing  in  the  spirit 
of  this  section  which  will  permit  a  person  less  than  eight- 
een years  of  age  to  teach  or  to  receive  a  certificate.  The 
"spirit  "  of  the  law  is  that  intention  which  the  members 
of  the  Legislature  had  in  their  minds  when  they  passed 
the  law. 

207.  There  is  nothing  in  the  law  limiting  the  number  of 
times  a  certificate  may  l)e  renewed.  In  tlie  case  of  a  seroiuf, 
or  primary  grade  certificate,  a  single  renewal  seems  to  l)e 
all  the  indulgence  which  could  reasonably  be  asked  ;  after 
that  the  holder  should  oljtain  a  firnt  or  grammar  grade. 
Such  is  the  practice  in  some  of  the  County  Boards. 

208.  A  certificate  was  on  file  for  renewal  on  June  5th, 
1882,  the  date  upon  which  the  County  Board  met.  Tlie 
certificate  was  issued  on  .June  5th,  1880.  Althoiigli  tlie 
Board  was  in  session  from  .Tune  5th,  1882,  to  .Jiine  10th, 
1882,  they  did  not  renew  the  certificate  till  .June  lOtli, 
1882.  They  should  have  renewed  it  on  the  5th  of  -June, 
l)ut  as  they  did  not,  the  innocent  party  should  not  suffer 
l^ecaiise  of  the  neglect  of  the  Board.  This  is  one  of  the 
cases  covered  by  Section  3529  of  tlie  Civil  Code,  which 
says  that  "that  which  ought  to  have  l)een  done  is  to  l»e 
regarded  as  done  in  favor  of  him  to  whom,  and  against 
liim  from  wliom,  the  performance  is  due. 


312  OPINIONS   OF   STATE    SUPERINTENDENTS. 

209.  A  County  Board  of  Education  cannot  issue  a  sec- 
ond grade  eertiticate  upon  a  second  grade  certificate  of 
another  county. 

210.  Temporary  certificates  cannot  be  granted  on  State 
certificates  of  other  States;  nor  can  tliey  be  granted  on 
county  certificates  of  other  States. 

211.  Temporary  certificates  can  be  issued  upon  the  cer- 
tificates of  counties  of  thl'i  State  only.  The  word  "coun- 
ties "  in  the  law  does  not  refer  to  counties  of  other  States. 

212.  When  a  document  is  originally  batl  or  invalid,  no 
renewal  can  cure  the  defect. 

213.  Section  7,  Article  IX,  of  the  Constitution,  does  not 
give  to  Boards  of  Education  the  power  to  grant  certificates 
upon  any  standard,  and  to  whomsoever  they  choose.  It 
gives  them  the  power  to  grant  certificates,  but  the  statute 
says  upon  what  grounds  they  must  be  granted  ;  and  in 
using  the  power  granted  to  them  by  the  Constit;ition,  the 
Board  must  move  in  the  channel  provided  by  statute.  If 
the  extraordinary  proposition  is  to  be  maintained  that  the 
machinery  which  is  provided  for  by  legislation  is  to  be  ig- 
nored and  that  the  Board  has  power  to  grant  certificates 
as  they  will,  their  power  becomes  unlimited  ;  they  can 
raise  certificates  from  the  lowest  to  the  highest  Mdthout 
examination  ;  they  can  grant  certificates  upon  the  quality 
of  experience,  a  equality  for  wliich  no  law^  provides  in  con- 
nection with  certificates  ;  or  they  may  do  away  with  qual- 
ity and  grant  certificates  witliout  it.  In  other  words,  if 
they  act  under  the  section  of  the  Constitution  alone,  their 
power  is  unlimited.  Of  course,  if  the  Legislature  is  to  be 
obeyed,  certificates  cannot  l)e  raised  from  a  lower  to  a 
higher  grade  without  examination,  and  they  cannot  be 
granted  without  examination,  except  in  those  particular 
instances  provided  for  in  Section  1775  and  Section  1702  of 
the  Political  Code. 

214.  For  a  Board  of  Examination  or  Education  to  grant 
certificates  in  a  manner  which  they  know  to  be  contrary  to 
the  provisions  of  the  Political  Code,  in  regard  to  the  issu- 
ance of  certificates,  to  intentionally  disobey  the  law,  would 
make  their  act  a  misdemeanor. 

215.  Certificates  cainiot  be  raised  from  a  lower  to  a 
higher  grade  without  examination  ;  but  it  is  not  necessary 


Oi'lNIOKS   OF   STATE   SUPERINTENDENTS.  313 

tliat  a  party  holding  a  low^er  certificate  should  again  he 
examined  upon  the  studies  upon  which  the  lower  certifi- 
cate was  granted.  It  is  sufficient  if  the  party  pass  an  ex- 
amination upon  the  additional  studies  required  for  the 
higher  certificate. 

216.  A  certificate,  while  in  force  and  in  the  custodj'  of 
the  County  Superintendent,  was  lost  by  fault  of  those  in 
his  office.  Subsequent  to  the  loss  a  renewal  was  granted 
by  the  County  Board  of  Education  upon  the  testimony  of 
the  County  Su[)erintendent.  If  the  renewal  was  made 
prior  to  the  time  at  which  the  lost  certificate  expired,  the 
County  Superintendent  should  recognize  its  validity  and 
draw  his  requisition  in  favor  of  the  holder. 

217.  The  matter  of  issuing  certificates  is  left  exclusively 
in  the  hands  of  the  County  Boards,  and  it  is  not  the  province 
of  the  State  Superintendent  to  direct  these  Boards  to  issue 
or  not  to  issue  certificates. 

218.  It  is  unlawful  to  employ  a  teacher  in  the  public 
schools  who  has  not  the  qualifications  prescribed  by  law, 
and  who  does  not  hold  a  valid  certificate. 

219.  A  certificate  having  expired  cannot  be  renewed. 
The  I'enewal  of  a  certificate  must  take  place  at  or  before 
the  time  of  expiration,  or  be  granted  in  advance,  to  take 
eftect  from  and  after  the  date  of  expiration. 

220.  The  County  Board  of  Education  has  not  the  right 
to  issue  temporary  certificates  upon  certificates  granted  in 
other  States. 

221.  City  certificates  renewed  by  a  County  Board  of 
Education  have  the  same  force  and  effect  after  i-enewal 
that  they  had  before  being  renewed. 

222.  Those  who  hold  city  certificates  are  entitled  by 
them  to  teach  in  city  schools  only. 

223.  A  certificate  cannot  be  issued  upon  an  educational 
diploma  that  has  expired. 

224.  A  certificate  is  an  instrument  which  is  granted  for 
a  certain  period  of  time.  One  second  after  the  expiration 
of  that  time  it  is  no  longer  a  certificate.  It  is,  after  that 
period  of  time,  of  no  more  legal  effect  than  a  grocer's 
wrapping  paper,  and  is  of  as  much  value  as  a  certificate. 

225.  An  expired   certificate  cannot  be  renewed  ;    that 


314  OPINIONS    OF   STATE    SUPERINTENDENTS. 

which  is  dead  cannot  have  its  life  prolonged  ;  there  is  no 
life  to  prolong.  That  such  is  the  intent  of  the  law  is  evi- 
dent from  the  consideration  that  if  a  certificate  could  be 
renewed  after  being  dead  for  a  day,  it  could  after  the 
lapse  of  a  year  or  of  twenty  years.  The  point  has  never 
been  tried  in  the  courts. 

226.  The  County  Superintendent  may  issue  temporary 
certificates  to  the  hoklers  of  any  certificates  granted  in 
other  cities,  counties,  or  cities  and  counties  of  this  State, 
which  are  valid  and  in  full  force.  These  temporary  cer- 
tificates cannot  be  granted  on  expired  certificates,  and 
they  must  be  of  like  grade  with  the  certificate  upon  which 
they  are  issued. 

227.  It  would  be  a  very  irregular  act  or  proceeding  for 
a  Superintendent  to  annul  a  temporary  certificate  duly  is- 
sued and  which  had  been  acted  upon,  until  the  teacher 
appeared  for  examination. 

228.  A  teacher  has  no  right  to  teach  in  a  public  school 
of  one  county  upon  a  certificate  granted  in  another  county. 

229.  The  failure  of  a  teacher  who  holds  a  certificate 
granted  in  one  county  to  pass  an  examination  in  another 
county,  does  not  annul  the  certificate  obtained  in  the  for- 
mer. 

230.  The  Superintendent  is  authorized  by  law  to  grant 
temporary  certificates  upon  those  of  like  grade  from  other 
counties  or  cities.  These  are  good  only  until  the  regular 
meeting  of  the  County  Board.  They  can  be  issued  only 
once  to  the  same  person  in  the  same  county. 

231.  No  certificate  can  be  granted  upon  an  expired  edu- 
cational diploma,  for  it  is  no  longer  a  diploma. 

232.  In  regular  course  a  teacher  should  apply  for  a  per- 
manent certificate,  or  rather  a  regular  certificate,  to  the 
county  which  granted  the  temporary  one.  It  wouhl  seem, 
in  the  case  of  iijoitif,  district,  that  if  one  of  the  counties 
declined  to  grant  a  certificate,  ollicial  comity  would  forbid 
the  other  to  interfere. 

233.  A  first  grade  county  certificate  may  be  legally  is- 
sued on  a  lapsed  educational  diploma,  })rovided  that  the 
a]iplicant  for  such  certificate  files  his  ai)plication  with  the 
Sccriitary  of  the  County  JJoaiil  of  Kduc.ition  prior  to  the 


OPINIONS   OK   STATE    SL:I"KUINTKN  KKNTS.  .'>15 

time  tlic  educational  tliploiua  has  expired;  and  pioviiled 
further,  that  the  County  ]joard  shall  grant  such  certilicate 
as  of  the  date  when  such  application  was  made. 

234.  There  is  no  provision  in  the  law  that  authorizes 
the  granting  of  a  first  grade  certificate  upon  a  temporary 
certiricate. 

235.  A  county  certificate  granted  on  a  county  certificate 
of  another  State  is  not  a  legal  certificate;  and  the  Super- 
intendent who  draws  a  i-equisition  in  payment  of  the  salary 
of  a  teacher  holding  such  a  certificate  is  guilty  of  a  mis- 
demeanor. 

236.  The  number  of  times  that  any  certificate  may  be 
renewed  rests  entirely  within  the  discretion  of  the  Board 
of  Education. 

237.  It  is  not  legal  for  a  teacher  to  teach  any  school 
under  a  lapsed  certificate;  and  no  warrants  can  be  legally 
drawn  in  favor  of  a  teacher  who  does  teach  under  such 
certificate. 

238.  A  grammar  grade  certificate  may  be  issued  upon 
an  educational  diploma  the  day  before  the  said  diploma 
expires;  but  no  certiticate  can  be  issued  on  expired  educa- 
tional diplomas,  or  upon  expired  certificates. 

239.  Applicants  for  primary  certificates  should  be  ex- 
amined in  physiology. 

240.  County  Superintendents  cannot  grant  temporary 
certificates  on  certiticates  from  other  States.  The  law  al- 
lows the  granting  of  temporary  certificates  only  upon  life 
diplomas,  or  normal  school  diplomas  of  other  States. 

241.  If  an  applicant  cannot  legally  receive  a  certificate 
before  he  attains  the  age  of  eighteen  years,  he  cannot  le- 
gally be  examined  for  such  certificate  till  he  has  attained 
that  age.  It  is  a  technical  violation  of  the  law  to  admit 
to  an  examination  those  who  are  not  fully  eighteen  years 
of  age. 

242.  All  applicants  for  any  grade  of  certificate  should  be 
examined  orally.  The  language  of  Section  1773  is  ex- 
plicit. The  Board  must  determine  what  proportion  of  the 
whole  number  of  credits  they  will  allow  for  the  oral  part. 

243.  When  a  school  certificate  is  granted  by  the  County 
Board  of  Education,  or  by  a  majority  thereof,  it  is  the 


316  OPINIONS   OF   STATE   SUrEKlNTENDENTS. 

duty  of  the  County  Superintendent  to  affix  the  seal  and 
his  signature  thereto,  and  this  he  may  be  compelled  to  do 
by  mandamus.   (Attorney-General  Johnson,  Jan.,  1889.) 

244.  A  certificate  granted  to  a  person  under  the  age  of 
eighteen  years  is  altogether  illegal.  Section  1704  of  the 
Political  Code  is  specific,  and  there  should  be  no  evasion 
of  its  requirements.  The  Board  of  Education  would  have 
no  right  to  renew  such  a  certificate. 

245.  A  temporary  certificate  cannot  legally  be  issued  on 
a  county  certificate  of  any  other  State. 

246.  thirst  grade  and  grammar  grade  certificates  arc 
equivalents;  and  according  to  Section  1775  of  the  Political 
Code,  any  County  Board  has  the  power  to  grant  a  gram- 
mar grade  certificate  upon  a  first  or  grammar  grade  of 
another  county, 

247.  A  person  holding  two  certificates  from  a  County 
Board  goes  before  the  Board  of  Education  of  another 
county  and  receives  a  temporary  certificate  on  one  of 
them.  At  the  succeeding  examination,  having  failed  to 
pass,  he  presents  his  second  certificate  and  demands  a 
second  temporary  certificate.  According  to  Section  1543, 
subdivision  7,  he  is  not  entitled  to  a  second  temporary 
certificate. 

248.  County  Boards  of  Education  may  make  such  re- 
strictions within  the  law,  in  the  matter  of  granting  certifi- 
cates, as  they  deem  best;  but  it  would  be  neither  just  nor 
wise  to  issue  a  certificate  without  examination,^  to  the 
holder  of  a  California  Normal  School  diploma,  who  is  a 
resident  of  the  county,  and  refuse  to  issue  one  to  the 
holder  of  such  a  diploma  who  is  not  a  resident.  The  mat- 
ter of  residence  has  nothing  to  do  in  determining  the  quali- 
fication of  a  teacher,  or  the  issuance  of  a  certificate. 

240.  An  applicant  for  a  jjrimary  certificate  should  pass 
an  examination  in  all  the  studies  mentioned  in  Section 
1772  of  the  Political  Code. 

250.  Lapsed  certificates  have  no  value  whatever;  they 
are  dead,  and  cannot  be  renewed.  Boards  of  Education 
have  no  power  to  restore  life. 

251.  It  is  not  necessary  for  those  who  desire  to  teach  in 
the  cities  of  the  State  to  hold  county  certificates,  nor  is  it 


OPINIONS    OF   STATE   SUTKRINTF-NDENTS.  'M  / 

necessary  for  the  County  Board  of  Education  to  approve 
the  certiticates  issued  by  the  City  Board  of  Education. 

252.  There  is  no  law  that  continues  a  certificate,  of  any 
grade,  in  force  beyond  the  time  specified  in  Section  1771 
of  the  Political  Code,  unless  the  same  shall  have  been  re- 
newed prior  to  the  expiration  of  the  time  for  which  it  was 
granted. 

253.  All  teachers  must  hold  certificates  corresponding 
in  grade  with  the  grade  of  the  school  in  which  they  may 
be  teaching. 

25  i.  No  one  can  be  permitted  to  teach  in  any  public 
school,  either  as  a  regular  or  substitute  teacher,  unless  he 
is  a  holder  of  a  legal  certificate  in  full  force  during  the  en- 
tire time  of  employment.  The  certificate  must  be  filed  in 
the  office  of  the  Superintendent  by  the  teacher  prior  to 
taking  charge  of  a  school,  or  a  class  in  any  school.  Whilst 
the  law  is  silent  in  regard  thereto,  I  am  of  opinion  that 
temporary  substitute  teachers  need  not  be  required  to  file 
their  certificates;  but  they  must  be  the  holders  of  cer- 
tificates. 

255.  No  City  or  County  Board  of  Education,  under  Sec- 
tions 1792  or  1775,  can  grant  any  kind  of  certificate  upon 
a  high  school  certificate  of  any  State,  except  California. 

256.  Boards  of  Examination  have  no  right  to  include 
high  school  branches  in  the  examination  of  teachers  for 
the  grammar  grade  certificates.  It  is  the  presumption  of 
law  that  teachers  are  to  be  examined  upon  the  branches 
that  legitimately  belong  to  the  grade  of  schools  in  Avhich 
they  desire  to  teach. 

257.  I  am  of  opinion  that  the  Act  of  1875-6,  in  relation 
to  schools  in  Trinity  and  Shasta  counties,  is  repealed  by 
Section  1696,  Political  Code,  which  provides  that  "every 
teacher  in  the  public  schools  must  first,  before  assuming 
charge  of  a  school,  file  his  or  her  certificate  Mith  the 
County  Superintendent."  (See  Statutes  of  1891,  p.  161.) 
Of  course,  the  certificate  must  be  of  as  high  a  grade  as  the 
school.  A  statute  in  this  State  can  be  repealed  by  impli- 
cation.    (Attorney-General  Hart.) 

258.  It  is  legal  to  employ  a  teacher  in  city  schools  who 
holds  a  county  certificate.     In  cities   having  special  de- 


318  OPINIONS    OF   STATE   SUrERIXTENDENTS. 

partments,  holders  of  county  certificates  may  be  examined 
by  City  Boards  in  the  special  studies  of  such  departments. 

259  No  City  or  County  Board  can  grant  any  kind  of 
certificate  upon  an  expired  certificate. 

260.  No  teacher  can  be  legally  employed  in  any  school, 
or  permitted  to  teach  in  any  scliool,  who  is  not  the  holder 
of  a  certificate  corresponding  in  grade  with  the  grade  of 
the  school  or  class.  Whether  the  teacher  be  employed 
upon  salary  or  not  makes  no  difference.  Every  teacher, 
before  assuming  charge  of  a  school,  whether  as  Principal 
or  Assistant,  must  file  his  certificate  with  the  Superin- 
tendent; and  it  matters  not  whether  the  teacher  is  to  re- 
ceive any  compensation  or  not.  Officers  having  authority 
to  employ  teachers  cannot  nullify  the  law.  It  was  in- 
tended by  the  requirement  of  a  certificate  of  qualification 
to  guard  against  the  squandering  of  a  sacred  public  fund 
upon  persons  assuming  to  teach  without  being  capable  of 
performing  a  teacher's  duties,  and  to  insure  the  employ- 
ment of  competent  persons  only  as  teachers,  thereby 
making  the  schools  useful  as  instruments  for  the  education 
of  the  young.  An  ofiicer  who,  either  expressly  or  by  im- 
plication, sets  at  defiance,  or  waives  an  express  statute, 
defining  and  limiting  his  official  authority,  violates  his 
oath  of  office,  and  renders  himself  liable  to  be  proceeded 
against  for  malfeasance  in  office. 

2G1.  In  cities,  city  certificates,  or  any  certificates  which 
authorize  the  holders  to  teach  in  cities,  must  be  filed  in 
the  office  of  the  City  Superintendent. 

262.  Every  teacher  employed  in  the  public  schools  must 
be  a  holder  of  a  valid  legal  certificate,  in  full  force  during 
the  whole  period  of  employment.  No  one  can  be  per- 
mitted to  teach,  even  gratis,  in  any  public  school,  or  to  as- 
sist the  teacher  in  charge  of  the  school,  unless  such  party 
is  the  holder  of  a  certificate  in  full  force.  The  certificate 
must  be  filed  with  the  Superintendent.  The  Trustees  can- 
not legally  draw  an  order  for  the  payment  of  any  teacher 
who  is  not  the  holder  of  a  certificate.  Nor  can  they  add 
to  the  salary  of  a  teacher  in  order  to  enable  such  teacher 
to  employ  an  assistant.  In  all  such  cases  the  Superin- 
tendent should  decline  to  issue  a  j('(|uisition  upon  the 
County  Auditoi-. 


OrTNIOXR   or   state   SUrF.RTXTKXDENTS.  310 

263.  Sections  1775  and  1792  do  not  authorize  Boards  of 
Education  to  gi-ant  certificates  upon  any  kind  of  certifi- 
cates from  other  States. 

264.  By  the  terms  of  the  Constitution  of  the  State, 
County  Boards  of  Education  have  the  entire  control  over 
the  issuing  of  certificates.  They  may  adopt  -whatever 
standard  they  deem  expedient,  Tliey  cannot  compel  any 
one,  of  course,  to  pass  an  examination;  but  they  may,  if 
they  think  proper,  refuse  to  grant  or  renew  any  certificate, 
unless  the  required  examination  is  passed. 

265.  No  party  can  be  employed  to  teach  vocal  music  or 
any  other  branch  in  the  public  schools,  unless  such  jjarty 
is  the  holder  of  a  legal  certificate  in  full  force.  The  cer- 
tificate may  be  either  regular  or  special. 

266.  There  is  nothing  to  hinder  a  County  Board  of  Edu- 
cation from  granting  a  certihcate  upon  a  State  Normal 
School  diploma  of  any  other  State;  and  certainly  there 
is  nothing  to  hinder  a  County  Superintendent,  when 
authorized  by  his  County  Board  of  Education,  from  grant- 
ing a  temporary  certificate  upon  any  credential  that  can 
be  recognized  by  the  County  Board  of  Education. 

267.  A  temporary'  certificate  can  be  granted  only  once 
to  any  party  in.  the  same  county.  This  is  the  rendering 
that  has  usually  been  given  to  Section  1548,  subdivision  S. 
The  law  is  silent  as  to  whether  or  not  a  party  who  has  had 
a  temporary  certificate  granted  in  one  county  can  after- 
ward have  a  temporary  certificate  gi-anted  in  another 
county. 

268.  According  to  subdivision  7  of  Section  1543,  the 
County  Superintendent  has  po\Aer  to  issue  a  temporary 
high  school  certificate  to  the  holder  of  a  high  school  cer- 
tificate from  another  county  in  this  State. 

269.  State  certificates  of  other  States  cannot  be  recog- 
nized as  credentials  upon  which  to  issue  any  kind  of  cer- 
tificate in  this  State. 

270.  A  County  Board  cannot  grant  a  certificate  of  any 
grade  to  any  party  without  examination,  except  as  pro- 
vided in  Section  1775  of  the  Political  Code.  This  section 
does  not  authorize  the  recognition  by  any  Board  of  any 
kind  of  diploma  from  any  institution  outside  the  limits  of 
the  United  States,  nor  of  any  institution  within  the  limits 


320  OPINIONS   OF   STATE   SUPERINTENDENTS. 

of  the  United  States,  unless  such  institution  has  been  ac- 
credited by  the  State  Board  of  t]ducation  of  this  State  as 
being  of  the  same  rank  as  the  University  of  California. 

271.  In  granting  special  certificates,  the  Board  of  Edu- 
cation must  indicate  upon  the  certiticate  the  special  branch 
which  it  authorizes  the  holder  to  teach;  and  the  holder  is 
not  authorized  to  give  instruction  in  any  other  branch 
than  that  indicated  in  the  special  certiticate.  (See  Section 
1771,  subdivision  third,  subhead  3,  of  the  Political  Code.) 

CERTIFICATES,  HIGH  SCHOOL. 

272.  High  school  certificates  granted  to  holders  of 
grammar  school  course  certificates,  in  lieu  of  the  latter, 
should  be  for  the  period  of  six  years  and  not  for  the  re- 
mainder of  the  time  which  the  grammar  school  course  cer- 
tificate maj'  extend  prior  to  its  expiration.  The  high 
school  certificates  should  be  granted  by  the  Board  that 
granted  the  grammar  school  course  certificate,  though 
there  is  nothing  in  the  law  which  hinders  any  Board  from 
granting  them. 

273.  It  is  the  intention  to  graut  high  school  certificates  to 
those  parties  wlio  hoUl  grammar  school  course  certificates, 
and  the  parties  who  liold  grammar  school  course  certificates 
>^li(dl  be  entitled  to  tlie  high  school  certificates.  The  mat- 
ter was  discussed  in  the  Committees  on  Education  in  both 
houses  of  the  Legislature,  and  it  was  understood  and  in- 
tended and  expressed  at  the  time  that  the  grammar  school 
course  certificates  were  the  full  equivalents  of  higli  school 
certificates,  and  that,  therefore,  the  parties  hohling  them 
shouUl  be  entitled  to  receive  high  school  certificates  in  lieu 
of  them.  Kights  acquired  under  the  grammar  school 
course  certificate  could  not  be  taken  away,  and  the  Legis- 
lature simply  agreed  tliat  high  school  certificates  should 
issue  in  lieu  of  them.  There  is  nothing  saiil  in  the  law  in 
reference  to  extending  the  time  for  which  such  high  school 
certificates  would  be  valid,  but  it  was  understood  and  in- 
tended tliat  the  high  school  certificates  should  be  granted 
for  the  full  time  for  which  such  certificate  could  be  granted 
under  the  law,  that  is,  for  six  years. 

274.  Boards  of  Education  have  the  power  to  issue  cer- 
tificates upon  normal  school  diplomas  and  to  tix  the  grade 
thereof.     It  has  never  l)eeu  customary,  however,  in  this 


OPINIONS    OF   SrATK    ST  I'KKI  NIKN  ItKNIS.  'A'2\ 

State,  for  any  Boanl  of  Education  to  issue  high  school  cer- 
tificates upon  those  diplomas,  nor  would  it  be  wise  to  do 
so.  Boards  of  Education  should  re({uirc  all  applicants  for 
high  school  certiticates  to  pass  cxaniination  in  all  studies 
required  by  the  County  or  City  Hoards  for  high  school 
certiticates  not  included  among  those  required  for  grammar 
school  certiticates. 

275.  When  a  Board  of  Education  grants  a  high  school 
certificate  upon  a  grammar  school  course  certificate,  the 
latter  should  not  l)e  returned  to  the  party  to  whom  it  had 
been  issued,  but  it  should  be  canceled  and  filed  in  the 
office  of  the  Sui^erintendent  as  a  voucher  for  the  issuance 
of  the  high  school  certificate. 

27().  Teachers  holding  county  high  school  certificates, 
but  not  holding  a  city  certificate,  can  be  Principals  of  a 
city  high  school,  unless  there  are  special  studies  to  be 
taught  by  them.  In  that  case  they  "  may  be  examined 
by  the  City  Board  of  Examination  in  the  special  studies  of 
such  department."  (Statutes  of  1891,  p.  163;  Sec.  1775, 
Political  Code.)     First  Deputy  Attorney-General  Laysou. 

277.  The  issuing  of  a  high  school  certificate  upon  a 
normal  school  diploma  is  manifestly  illegal.  (See  Section 
1775  of  the  Political  Code,  as  amended  March  23d,  1893.) 

CERTIFICATES,  RENEWAL  OF. 

278.  In  the  renewal  of  certificates,  it  would  seem  highly 
proper  that  an  examination  should  be  rec^uired  in  branches 
of  study  inserted  in  the  law  subsequent  to  the  issue  of 
such  certificates. 

279.  A  lapsed  certificate — one  that  has  completely  ex- 
pired— cannot  be  renewed.  It  was  for  a  stated  period;  its 
time  having  run  out,  it  no  longer  has  validity  or  life;  it 
does  not  exist. 

280.  A  second  grade  certificate  cannot  be  renewed  after 
it  has  expired.  When  a  certificate  is  once  allowed  to  ex- 
pire it  is  then  dead  forever,  and  the  holder  must  begin 
over  again,  the  same  as  if  he  had  never  held  a  certificate. 

281.  There  is  no  law  providing  for  the  renewal  of  an 
expired  certificate.  Such  a  certificate  is  of  no  value  what- 
ever except  to  show  the  time  during  which  it  was  a  lei;al 
credential. 


ly'2'2  OPINIONS   OF    STATK    Sri'KKINTEN  DENTS. 

2S*2.  The  matter  of  renewing  certificates  is  entirely  in 
the  hands  of  the  County  Board  of  Education,  and  they  can 
make  such  rules  for  the  renewal  of  certificates  as  they 
think  best.  It  is  eminently  proper  to  require  an  exami- 
nation in  the  additional  studies,  since  these  studies  are 
now  to  be  taught  in  the  schools. 

283.  A  renewed  certificsite  is  practically  a  new  certifi- 
cate, and  it  has  always  been  so  considered.  True,  it  is  not 
a  certificate  obtained  upon  examination,  but  it  is  a  certifi- 
cate obtained  under  Section  1775.  The  Board  takes  pre- 
cisely the  same  steps  under  that  section  to  renew  a  certifi- 
cate as  they  would  \\  ere  they  about  to  issue  a  certificate 
upon  the  credentials  named  therein.  The  applicant  is  an 
applicant  for  a  certificate  upon  a  credential  held  by  him 
and  u])on  presentation  of  which  the  Board  is  authorized  to 
grant  him  a  new  certificate,  if  they  think  proper  to  do  so. 
This  may  be  done  either  by  reiieicitKj  the  old  one  or  by  grant- 
ing him  an  entirely  new  one  on  a  new  paper.  There  can  be 
no  reason  why  the  applicant  should  not  pay  the  required 
fee.  The  applicant  gets  the  benefit  of  that  fee  either  from 
the  Teachers'  Library  or  from  the  Institute,  to  both  of 
which  he  ought  to  contribute  this  very  small  fund  for  the 
privilege  of  having  his  certificate  renewed. 

284.  The  State  Board  of  Education  has  not  at  any  time 
adopted  a  rule  to  the  effect  that  second  grade  certificates 
should  not  be  reissued.  This  is  a  matter  of  law  and  the 
State  Board  have  no  authority  for  passing  such  a  rule. 
They  have  adopted  a  rule  to  the  effect  that  Educational 
Diplomas  will  not  be  renewed. 

285.  The  renewal  of  a  certificate  which  has  not  expired 
is  entirely  within  the  option  of  the  Board  of  Education  of 
tlie  county  or  the  Boavil  of  Examiners  of  a  city.  Boards 
cannot  be  compelled  to  renew  certificates. 

28(5.  Patties  desiring  to  have  their  certificates  renewed 
must  file  them  and  make  application  for  renewal  prior  to 
the  time  of  expiration.  If  this  is  done  the  certificate  will 
not  lapse  in  conseijuence  of  failui'c  of  the  Board  to  act 
prior  to  the  expiration,  the  filing  of  the  certificate  and  the 
application  for  renewal  retaining  the  vitality  of  the  certif- 
icate. 

287.   It  has  frequently  been  decided  by  this  olUce  that  a 


OPINIONS    OF    STATK    STTFRINTENBFNTS.  323 

renewed  certificate  is  to  all  intents  a  new  certificate,  and 
that  the  fee  of  two  dollars  must  accompany  every  applica- 
tion for  renewal  of  certificates. 

288.  Tlie  matter  of  renewal  of  certificates  is,  under  the 
law,  entirely  under  the  control  of  the  County  and  City 
Boards  of  Education.  They  may  or  may  not  renew,  as  in 
their  iudgment  the  interests  of  the  schools  may  demand. 
Common  sense  and  common  justice,  however,  would  sug- 
gest that  a  refusal  to  renew  should  be  predicated  upon 
good  grounds,  and  not  upon  any  personal  bias. 

289.  In  case  of  refusal  to  renew  a  certificate,  the  fee 
which  accompanied  the  application  for  renewal  should  be 
returned  to  the  applicant. 

290.  If  a  certificate  has  been  filed  in  the  office  of  the 
Superintendent  for  renewal  prior  to  the  time  of  its  expira- 
tion, the  County  or  City  Board  have  the  right  to  renew  it 
although  it  may  have  expired  prior  to  their  next  meeting. 

291.  There  can  be  no  question  of  the  fact  that,  if  a  cer- 
tificate has  been  filed  for  renewal  prior  to  its  expiration, 
the  County  or  City  Board  can  legally  renew  it. 

292.  A  certificate  granted  under  the  statutes  of  1891  for 
three  years,  must  be  renewed  or  filed  for  renewal  before 
the  expiration  of  the  three  years.  When  renewed  it  may 
be  renewed  for  the  period  of  six  years. 

CERTIFICATES,  REVOCATION  OF. 

293.  Before  a  teacher's  certificate  is  revoked,  he  should 
be  notified  by  the  Board  of  Education  that  they  intend  to 
consider  the  matter  of  its  revocation.  They  should  present 
him  with  written  copies  of  the  charges  against  him,  and 
give  him  all  of  the  time  necessary  to  prepare  for  his  de- 
fense. He  should  be  confronted  with  the  witnesses 
against  him,  and  be  permitted,  in  person  or  by  attorney, 
to  cross-examine  them.  The  fact  that  a  member  of  the 
Board  is  familiar  with  the  facts  will  not  disqualify  him 
from  passing  upon  the  case  if  he  acts  in  accordance  with 
the  oath  that  he  has  taken.  If  a  teaclier  is  habituall}' 
drunk,  this  will  be  a  cause,  perhaps,  for  the  revocation  of 
his  diploma  or  certificate;  but  cases"  of  habitual  drunken- 
ness seldom  exist,  if  at  all ;  and  the  question  whether  the 
teacher  is  drunk  to  a  sufficient  extent  to  have  his  certifi- 
cate taken  from  him  will  have  to  be  passed  upon  by  the 


324  OPINIONS    OF   STATE    SFPERTXTEXDENTS. 

Board.  At  any  rate,  the  person  against  whom  the  charges 
are  made  should  have  every  opportunity  to  make  his  de- 
fense; for  to  narrow  his  opportunity  for  defense  savors  of 
tryanny,  looks  suspicious,  and  is  contrary  to  the  founda- 
tion principle  of  American  justice, 

294.  If  the  certificate  of  a  teacher  is  revoked,  the  State 
Board  of  Education  will  revoke  the  diplomas  of  the  ac- 
cused, unless  he  shows,  within  ninety  days,  a  good  reason 
why  they  should  not  take  such  action. 

295.  If  a  teacher  is  guilty  of  immoral  or  unprofessional 
conduct,  the  County  Board  should  revoke  whatever  certif- 
icate may  have  been  granted  him  in  that  county;  and  they 
should  appeal  to  the  State  Board  to  revoke  any  State  di- 
ploma that  he  may  hold. 

29G.  A  County  Board  can  revoke  only  such  certificates 
as  have  been  granted  by  themselves.  They  cannot  revoke 
life  or  educational  diplomas.  This  is  the  province  of  the 
State  Board. 

297.  Certificates  can  be  revoked  only  for  immoral  or 
unprofessional  conduct,  or  incompetency;  and  in  order  to 
do  this  regular  charges  must  be  preferred  and  a  legal  in- 
vestigation carried  on.  Hence,  if  %  teacher  applying  for  a 
grammar  grade  certificate  takes  the  whole  examination 
over  again  (even  though  he  has  already  secured  a  primary 
or  grammar  grade),  in  order  to  raise  his  standard,  and 
fails,  his  former  certificate  will  not  be  revoked. 

298.  If  a  County  Board  of  Education  has  revoked  a 
county  certificate  granted  by  them  on  a  life  diploma,  issued 
previous  to  1880,  the  holder  can  still  teach  and  legally 
receive  his  salary.  If  any  teacher  has  received  the  penalty 
for  immoral  or  unprofessional  conduct,  etc.,  in  the  revoca- 
tion of  liis  county  certificate,  the  Board  which  revoked 
the  certificate  should  have  brought  the  matter  to  tlie  at- 
tention of  the  State  Board  and  reported  their  action  with 
regard  to  the  county  certificate,  so  that  the  life  diploma 
might  also  be  revoked.  While  any  one  holds  an  unre- 
voked life  diploma  he  is  entitled  to  its  privileges. 

299.  County  and  City  Boards  of  Education  have  no 
right  or  power  to  revoke  a  certificate  without  the  knowl- 
edge of,  and  without  due  notice  to,  the  holder  thereof. 
No  court  in  the  land  would  sustain  such  an  actif)n. 


OPINIONS   OF   STATE    SrPERTNTEN'DFA'TS.  325 

CERTIFICATES,  SPECIAL. 

800.  While  I  think  the  granting  of  special  certificates 
to  teacli  such  studies  as  must  be  taught  is  not  to  })e  en- 
couraged, but  should  be  held  to  apply  more  properly  to 
such  .studies  as  are  not  in  the  estahlishcd  curriculum,  yet  I 
think  the  power  is  given  to  County  Boards  of  Education, 
whenever  they  think  it  advisable,  to  grant  special  certifi- 
cates. The  County  Boards  have  power  to  grant  special 
certificates  valid  for  three  [now  six — J.  W.  A.]  years, 
which  will  entitle  the  holder  to  teach  such  special  branches 
as  may  be  required  by  City  or  County  Boards  of  Educa- 
tion. The  wants  of  the  schools  may  be  such  as  to  require 
reading  and  elocution  to  be  made  special  branches.  Or- 
dinarily it  may  be  otherwise.  (Attorney-General  John- 
son, May,  1890.) 

301.  It  never  was  the  intention  of  the  law  that  special 
certificates  should  be  granted,  except  when  specially  nec- 
essary. Such  certificates  should  not  be  granted,  except 
in  such  branches  as  are  not  ordinarily,  and  under  the  law, 
required  for  regular  certificates.  To  grant  these  certifi- 
cates in  music,  drawing,  reading,  physics,  etc.,  would  not 
be  proper,  except  when  the  special  occasion  renders  it 
necessary  in  the  conduct  of  the  school  in  which  such 
studies  are  specially  assigned,  or  when  teachers  are  as- 
signed to  special  work,  as,  for  instance,  high  schools  in 
which  the  work  is  distributed  in  certain  departments.  If 
the  granting  of  such  certificates  is  not  closely  confined,  we 
shall  soon  see  the  State  overrun  with  a  class  of  specialists, 
to  the  great  detriment  of  the  schools. 

CHINESE  CHILDREN. 

302.  According  to  Section  1662  of  the  Political  Code, 
Trustees  of  schools  must  either  form  separate  schools  for 
Chinese  children  or  else  the  Chinese  children  nmst  be  ad- 
mitted into  the  schools  along  with  the  white  children. 
By  reference  to  the  case  of  Tape  v.  Hurle}',  66  Cal.,  473, 
it  will  be  seen  that  the  Supreme  Court  has  decided  that 
Chinese  children,  l)orn  in  this  city,  must  be  admitted  to 
the  schools,  unless  separate  schools  are  maintained;  see 
also,  Section  1662,  which  implies  that  all  Chinese  children, 
whether  born  in  this  country  or  not,  should  be  admitted 
to  the  schools. 


326  OPINIONS    OF   STATE    SUPERINTENDENTS. 

CLAIMS,  OUTSTANDING. 

303.  The  Trustees  are  right  in  refusing  to  pay  an  in- 
debtedness that  accrued  last  year  out  of  funds  of  the  cur- 
rent year. 

304.  When  there  is  a  balance  in  the  County  Fund,  after 
an  eight  months'  school  has  been  maintained  in  a  district, 
such  balance  may  be  used  to  pay  outstanding  claims  for 
that  year;  or  it  may  be  used  in  maintaining  schools  for 
the  subsequent  year;  the  balance,  unless  used  to  pay  out- 
standing claims,  must  be  governed  by  the  same  rules  as 
apply  to  other  funds  of  the  year  succeeding  the  one  in 
which  it  occurred  as  a  balance. 

CLERK,  SCHOOL. 

305.  The  Trustees  have  no  right  to  employ  an  outside 
person  as  Clerk  of  the  Board,  and  there  is  no  fund  to  pay 
for  such  service. 

306.  An  election  for  Clerk  of  the  Board  of  Trustees  can 
be  legally  held  only  on  the  first  Saturday  in  July.  If  the 
Clerk  is  not  then  elected  the  Superintendent  must  appoint 
one. 

307.  A  Clerk  of  a  Board  of  Trustees  can  resign  if  he 
choose  to  do  so;  and  he  would  still  remain  as  Trustee,  un- 
less he  choose  to  resign  from  that  position  also. 

308.  The  Clerk  of  the  I'oard  of  Trustees  is  the  proper 
party  to  serve  all  notices  of  any  action  of  tlie  Trustees. 
Teachers  need  pay  no  attention  to  orders  given  by  indi- 
vidual Trustees. 

309.  When  a  legal  holiday  falls  upon  a  Saturday  the 
act  appointed  to  be  done  can  be  done  on  the  Monday  fol- 
lowing. (See  Section  13  of  the  Political  Code.)  The  elec- 
tion of  District  Clerk  iti  such  a  case  would  be  properly 
held  on  the  Monday  following  the  legal  holiday. 

310.  The  Clerk  of  the  B)Oard  of  Trustees  has  not  the 
right  to  purchase  wood  or  any  other  articles,  except  such 
as  are  ordered  by  the  Board  of  Trustees;  and,  according 
to  the  law,  all  business  of  the  Board  must  l)e  done  in  reg- 
ular or  special  session.  Trustees  have  a  right  to  use  the 
County  Fund  after  an  eight  months'  school  has  been  main- 
tained for  the  purpose  of  painting  or  re|>airing  the  school 
building  or  for  that  of  improving  the  school  property;  but 
this  is  a  very  dillerent  thing   from  laying   in   an  advance 


Ol'INlONS    OF    .STATK    SLTKIllNTKN  l>KNTS.  'A21 

su[)ply  oF  wooil  l)ccauHe  it  can  be  procured  a  little  cheaper 
by  so  <loiiig.  And  tlie  matter  of  painting  or  of  inij)roving 
the  school  property  is  one  for  the  Board  to  determine  in 
regular  or  special  meeting,  and  not  to  be  determined  upon 
the  curbstone  or  by  the  Clerk  of  the  Board  of  Trustees. 
No  individual  of  the  Board  of  Trustees  can  do  anythmg  ; 
action  must  be  authorized  by  the  Board  by  a  majority 
vote  and  in  a  regularly  held  meeting.  (See  the  last  part 
of  Subdivision  1,  Section  1617.) 

311.  A  vacancy  occurring  in  the  position  of  Clerk  of  the 
Board  of  Trustees  by  reason  of  the  non-residence  of  the 
party  elected  to  that  position,  or  for  any  other  reason, 
must  be  tilled  by  the  Superintendent  of  Schools,  The 
Boartl  of  Trustees  can  elect  a  Clerk  only  on  the  first  Sat- 
urday of  July. 

COMPULSORY  EDUCATIONAL  LAW. 

312.  The  Compulsory  Educational  Law,  approved  March 
"28,  1874,  is  still  upon  the  statute  books  of  the  State,  but 
its  provisions  have  never  been  enforced. 

CONDUCT,  UNPROFESSIONAL. 

313.  Gambling  in  saloons  continuously  constitutes  im- 
moral and  unprofessional  conduct;  and  such  a  charge,  if 
sustained,  will  justify  revocation  of  certificate,  whether 
the  holder  is  engaged  in  a  private  or  a  public  school,  or  in 
any  school.  The  Board  has  power  over  all  certificates 
issued  by  them,  so  long  as  they  are  in  force. 

CONTRACTS. 

314.  A  teacher  entered  into  a  Mritteu  contract  a\ ith  a 
Board  of  Trustees  to  teach  a  school  for  six  months,  com- 
mencing July  12th,  1880.  The  Trustees,  without  con- 
sulting him,  ordered  a  vacation  of  one  week,  for  which 
time  they  did  not  intend  to  pay  him.  Attorney-General 
A.  L.  Hart,  being  applied  to  for  his  opinion,  gave  it  thus: 
"In  the  case  stated  the  teacher  is  entitled  to  pay  during 
the  vacation  ordered  by  the  Trustees  of  the  district,  unless 
he  consented  to  the  action  of  the  Trustees  declaring  a  va- 
cation, rhe  consent  of  the  teacher  in  such  a  case,  if  not 
expressly  made,  might  be  implied  from  his  acts  at  the 
time;  if  he  did  not  consent,  his  salary  goes  on  the  same  as 
if  there  had  been  no  vacation. '' 


328  OPINIONS   OF   STATE   SUPERINTENDENTS. 

315.  Trustees  cannot  legally  make  a  contract  with  a 
teacher  to  extend  beyond  the  30th  day  of  June  next  suc- 
ceeding; nor  can  they  make  a  gift  of  school  moneys  to  a 
teacher  under  the  name  of  back  pay;  but  within  the  limit 
of  time  mentioned  in  Section  1617  of  the  Political  Code, 
the  Trustees  may  contract  to  pay  a  teacher  any  sum  they 
may  see  tit;  which  sum,  of  course,  must  not  exceed  the 
school  money  apportioned  to  the  district  for  the  school 
year. 

316.  Not  only  are  the  Trustees  of  a  school  district  pro- 
hibited by  Section  1876  of  the  Political  Code  from  con- 
tracting with  the  Board  of  which  they  respectively  are 
members,  but  it  is  a  well  settled  rule  of  the  common  law 
that  no  member  of  a  Board  of  that  kind  can  contract  with 
the  other  Trustees  as  such.  (Attorney-General  A.  L. 
Hart,  1881.) 

317.  Section  1876  of  the  Political  Code  forbids  any 
Trustee  from  rendering  any  services  whatever  that  are  to 
be  paid  for  by  the  Board  of  which  he  is  a  member. 

318.  If  at  the  time  a  teacher  entered  into  a  contract 
with  the  district  to  teach,  there  was  money  to  the  credit 
of  the  district  equal  to  or  greater  in  amount  than  the 
amount  which  was  to  have  been  paid  to  the  teacher  for 
his  services  under  the  terms  of  the  contract,  the  district  is 
liable  to  the  teacher,  no  matter  how  the  money  may  have 
been  afterwards  expended.  The  fact  that  the  Trustees 
may  have  used  the  money  to  purchase  desks,  or  that  they 
have  used  the  whole  or  any  portion  of  the  money  for  any 
purpose  whatever,  will  not  relieve  them  from  liability  to 
the  teacher. 

319.  If  the  Trustees  of  a  district  enter  into  a  contract 
with  a  teacher  to  teach  both  before  and  after  a  vacation 
declared  by  them,  and  by  any  act  of  theirs  the  teacher  is 
prevented  from  teaching  after  the  vacation,  they  are  liable 
to  the  teacher  for  ihe  term  which  the  teacher  was  to  teach 
after  the  vacation,  according  to  the  terms  of  the  contract. 

320.  There  is  nothing  in  Section  187(5  to  prevent  a  father 
from  voting  for  his  daughter  for  the  position  of  sciiool 
teacher.  'J'lie  word  "  interest,"  in  that  section,  does  not 
mean  the  persotuil  interest  which  a  father  has  in  his 
daughter. 


OPINIONS    OF   STATE    SFPHRINTENDENTS.  329 

321.  If  an  agreement  is  made  between  the  Trustees  and 
a  teacher  to  the  effect  that  the  teacher  was  to  teach  for 
eight  months  at  the  rate  of  850  per  month,  the  teacher 
can  be  paid  at  no  higher  rate  ii[)  to  the  time  a  new  agree- 
ment is  made.  If,  at  a  subsequent  time,  they  make  a  new 
agreement  to  pay  the  teacher  at  the  rate  of  S55  per 
month,  they  must  pay  at  that  rate  from  and  after  the  date 
of  the  new  agreement.  15ut  they  cannot  pay  the  teacher 
more  than  $50  for  services  which  were  performed  prior  to 
the  date  of  the  new  agreement. 

322.  No  contract  can  be  made  l)y  Trustees  with  a 
teacher  to  extend  their  desire  to  pay  her  855  thereafter 
for  her  services  beyond  the  30th  day  of  June  following. 
But  if  two  of  the  Trustees  tell  the  teacher  in  July  that  it 
is  their  desire  to  pay  her  855,  and  she  consents  to  the  ar- 
rangement, tacitly  or  otherwise,  tliey  must  from  and  after 
that  date  pay  her  '$55  during  all  the  months  through  which 
the  arrangement  is  to  extend.  A  resolution  passed  after- 
wards cannot  add  greater  strength  to  the  matter,  for  the 
vote  of  two  members  settles  it.  "  Words  giving  a  joint 
authority  to  three  or  more  public  officers,  or  other  persons, 
are  construed  as  giving  such  autliority  to  a  majority  of 
them."     (Section  15,  Political  Code.) 

323.  If  a  Trustee  is  pecuniarily  interested  in  his  daugh- 
ter's salary,  the  contract  by  which  she  is  employed  is  il- 
legal, but  not  otherwise. 

324  If  the  Trustees  of  a  district  discharge  a  teacher 
without  cause,  before  the  termination  of  the  time  covered 
by  the  contract,  they  must  pay  for  the  full  time  covered 
by  the  contract,  if  the  teacher  is  at  all  times  ready  and 
willing  to  teach. 

325.  Xo  School  Trustee  must  be  interested  in  any  con- 
tract made  by  a  Board  of  which  he  is  a  member.  (Section 
1876,  Political  Code.)  Under  this  section  no  Trustee 
could  be  paid  for  services  as  Census  Marshal.  There 
could  be  no  objection  to  gratuitous  services  rendered  by  a 
Trustee  as  Census  Marshal. 

326.  The  Clerk  of  a  district  has  no  power  to  make  a  con- 
tract with  a  teacher;  the  contract  must  be  made  with  the 
Board  of  Trustees,  and  any  action  taken  by  the  Clerk 
without  the  knowledge  and  consent  of  the  Trustees  will 


330  OPINIONS   OF    STATE    SUrEPJNTENDENTS. 

not  amount  to  a  contract.  A  teacher  must  depend  for  his 
pay  upon  the  contract  entered  into  between  himself  on  the 
one  part  and  the  Board  of  Trustees  on  the  other. 

327.  Under  Section  1623,  Trustees  are  not  liable,  as  such, 
on  contracts  made  in  excess  of  the  school  moneys  on  hand, 
and  under  the  third  subdivision  of  Section  1543,  the  Super- 
intendent could  not  draw  a  warrant  upon  an  order  made 
by  them  when  there  is  no  money  in  the  fund  to  pay  it. 

328.  A  verbal  contract  is  as  binding  as  a  written  con- 
tract, when  made  between  Trustees  and  teachers.  There 
is  no  difference  between  them;  one  is  as  binding  as  the 
other.  If  the  Trustees  order  the  school  closed  during 
what  they  consider  to  be  an  epidemic,  floods,  etc.,  and 
this  happens  during  the  period  over  which  the  contract 
extends,  they  must  pay  just  as  if  the  teacher  had  taught. 

329.  A  district  by  law  is  not  liable  when  the  officials 
overrun  their  funds  for  the  yeai'.  The  policy  of  the  law 
seems  to  be  to  require  those  who  contract  with  Trustees 
to  assure  themselves  all  along  that  there  are  sufficient 
funds  on  hand. 

330.  A  verbal  contract  is  as  binding  as  one  in  writing. 
Hence  a  teacher  employed  under  a  verbal  contract  is  en- 
titled to  pay  for  the  weeks  during  which  the  school  was 
closed  by  the  Trustees,  because  of  scarlet  fever  in  the  dis- 
trict, unless  such  teacher  agreed  at  the  time  of  making  the 
contract  or  afterwards,  to  forego  pay  in  case  of  such  an 
emergency. 

331.  A  contract  made  by  Trustees  with  a  teacher  for 
one  term  is  binding  for  the  full  length  of  the  term;  to  dis- 
miss a  teacher  before  the  end  of  the  term,  if  such  teacher 
has  complied  with  her  part  of  the  contract,  would  be 
illegal,  and  the  Trustees,  even  if  they  do  dismiss  her,  are 
bound  to  pay  for  the  whole  length  of  time  for  which  the 
contract  was  made. 

332.  A  contract  need  not  be  written,  a  verbal  one,  Mdien 
proven,  is  just  as  binding. 

333.  Two  Trustees  can  make  a  contract  at  any  time,  if 
tlie  other  Trustee  has  been  duly  and  properly  notified. 

334.  The  fact  tliat  one  of  the  Trustees  of  a  school  dis- 
trict  is   tiu'   father  of   the    teacher   will    not   prevent   the 


OPINIONS    OF    STATE   SUPERINTENDENTS.  331 

teacher  from  drawing  pay  for  his  services;  nor  does  this 
relationship  make  the  Trustee  an  interested  party  in  the 
contract  in  the  sense  used  in  Section  1876  of  the  Political 
Code. 

335.  The  right  of  a  teacher  to  pay  for  the  whole  period 
covered  by  the  contract  cannot  be  destroyed  by  any  act  of 
the  Trustees.  If  the  teacher  is  ever  ready  and  willing  to 
teach,  the  Trustees  must  pay  for  the  whole  time  covered 
by  the  contract;  and  if  they  order  the  school  closed  for 
several  days,  tlie  teacher  must  be  paid  for  those  days  as 
well  as  for  the  rest  of  the  time.  This  decision  is  founded 
upon  the  very  nature  of  contracts — the  fundamental  laws 
in  relation  to  them — and  it  is  the  law  not  only  of  this 
State,  but  it  is  the  law  of  the  United  States,  and  of  the 
whole  civilized  world. 

336.  Teachers  are  entitled  to  their  pay,  unless  they  re- 
fuse or  fail  to  fulfill  their  part  of  the  contract.  If  schools 
are  suspended  on  account  of  prevailing  epidemic,  the 
teachers,  being  ready  and  willing  to  teach,  it  was  not  their 
fault  that  they  could  not  do  so.  An  epidemic  is  a  public 
calamity,  but  it  should  not  be  visited  specially  on  the 
teachers.  The  law  treats  the  unfortunate  district  precisely 
as  if  school  had  been  in  progress  by  giving  to  the  district, 
during  the  time  of  the  suspension  of  the  school,  the  usual 
amount  of  money  to  pay  the  teachers  and  for  other  lawful 
purposes. 

337.  When  the  Trustees  of  a  school,  in  writing  to  a 
teacher,  state  that  they  will  give  her  their  school  for  the 
coming  term,  and  in  the  course  of  the  correspondence  they 
specify  the  time  of  commencing,  the  length  of  the  term, 
and  the  compensation  or  salary,  and  the  teacher  accepts 
the  school  with  the  conditions,  the  contract  is  complete. 
The  teacher  is  entitled  to  her  pay  if  she  teaches  during 
the  whole  term,  or  if,  being  ready  and  willing  to  do  so, 
she  is  prohibited  or  prevented  from  doing  so  by  the  Trus- 
tees. 

338.  A  contract  when  valid  is  binding,  and  the  courts 
will  enforce  it. 

339.  The  fitness  of  a  teacher  is  pledged  by  the  County 
Board  of  Education ;  it  is  that  Board  which  licenses  a 
teacher,  or  withdraws  the  license  for  tlie  reasons  prescribed 

11 


332  oriNioNS  of  state  superintendents. 

in  the  law.  The  Trustees  may  select  from  those  bearing 
valid  certificates;  but  having  once  made  a  contract  they 
are  bound  by  it. 

340.  All  contracts  must  be  complied  with.  If  the  Trus- 
tees employ  a  teacher  to  open  school  October  1st,  they 
must  pay  him  from  that  date,  althou^s^h,  by  building  a  new 
school-house,  they  prevent  him  from  opening  until  No- 
vember. 

341.  If  a  contract  was  entered  into  on  the  31st  of  July 
and  signed  by  two  of  the  Trustees  of  the  district,  they 
must  either  employ  the  teacher  and  permit  him  to  teach 
for  the  term,  or  pay  to  him  the  full  amount  agreed  upon 
for  the  -whole  period  covered  bj^  the  contract.  The  fact 
that  one  of  the  Trustees  who  signed  the  contract  lias  re- 
signed does  not  alter  the  matter,  nor  does  the  employment 
of  another  teacher  affect  it. 

342.  A  teacher  commences  a  school  with  only  a  verbal 
agreement  with  the  Trustees.  A  contract  was  drawn,  to 
which  the  Trustee  employing  the  teacher  gave  acquies- 
cence, but  the  contract,  through  negligence,  was  never 
signed  by  the  Trustees.  Held  that  if  the  verbal  contract 
was  entered  into  at  a  regular  meeting  of  the  Trustees  and 
was  agreed  to  by  a  majority  of  them,  it  would  hold  good. 
The  School  Law  places  the  employment  of  teachers  wholly 
in  the  hands  of  the  Trustees. 

343.  The  law  does  not  compel  Trustees  to  give  a  written 
contract  to  a  teacher,  but  a  teacher  is  entirely  justified  in 
asking  for  such  a  contract.  The  refusal  of  such  a  contract 
would  seem  to  throw  a  reflection  upon  the  intentions  of 
the  Board  of  Trustees.  It  is  a  matter  of  business  and 
would  seem  to  be  right  for  both  parties. 

344.  The  law  specifically  and  totally  forbids  Boards  of 
Trustees  making  any  contract  with  teachers  for  the  com- 
ing year. 

345.  A  teacher  ofl^ers,  in  writing,  to  teach  a  certain 
school  for  !i?S()  per  month  and  douate  .^GO  to  the  school  dis- 
trict, or  for  .$75  per  month  and  donate  !j.30.  I  am  of  opin- 
ion that  this  is  a  direct  attempt  at  a  bribe  ;  that  it  is 
against  pul)lic  policy,  as  some  Trustee  migiit  be  induced 
to  em])l(>y  an  incompetent  teacher,  or  a  less  competent  one. 
by  such  an  offer;  and  that  such  course  is,  on  the  part  of 


OPINIONS    OK    STATK    SU  I'KIIINTKNDKNTS.  33.'i 

the  teacher,  unpiofessiojial.  The  Trustees  could  not  en- 
force the  contract  and  force  the  teacher  to  pay  the  com- 
mission. 

846.  A  contract  may  be  rescinded  at  any  time  by  a  ma- 
jority of  the  parties  making  the  same,  and  new  terms  may 
l)e  agreed  upon.  A  teacher  who  had  contracted  to  teach 
a  school  at  $80  per  month  might  have  her  salary  raised  to 
$90  per  month,  l)y  a  majority  vote  of  tlie  l>oard  of  Trus- 
tees, after  having  taught  for  any  length  of  time  upon  the 
former  rate. 

.347.  A  contract  with  Trustees  binds  their  successors 
within  the  limit  of  the  period  covered  by  the  contract, 
which  contract  cannot  extend  beyond  the  thirtieth  day  of 
June  next  ensuing  the  making  of  the  contract. 

348.  A  teacher  employed  under  contract  by  Trustees 
whose  places  have  subsequently  become  vacant  cannot  be 
dismissed  by  Trustees  appointed  to  fill  the  vacancies,  ex- 
cept upon  charges  of  incompetency  or  unprofessional  con- 
duct, duly  preferred  and  sustained  after  appeal  to  the  Su- 
perintendent, if  the  accused  party  desires  to  make  appeal. 

349.  If  a  teacher  employed  under  contract  is  unlawfully- 
dismissed,  the  Trustees  are  liable  for  the  salary  for  the 
period  covered  by  the  contract. 

350.  If  a  teacher  is  employed  under  contract,  at  a  stated 
monthly  salary,  such  teacher  can  justly  claim  salary  at 
the  expiration  of  every  four  school  weeks,  unless  the  con- 
trary is  specified  in  the  contract. 

351.  If  a  teacher  has  been  employed  under  contract,  the 
Trustees  cannot  dismiss  her  prior  to  the  expiration  of  the 
time  specified  in  the  contract,  except  upon  charges  of  in- 
competency or  unprofessional  conduct  duly  preferred  and 
sustained,  and  after  she  has  had  her  right  of  appeal  to  the 
Superintendent. 

352.  When  a  teacher  is  employed  without  a  written 
contract  and  the  time  is  not  definitely  specified,  the  Trus- 
tees can  terminate  the  employment  of  such  teacher  at  any 
time.  The  mere  declaring  of  a  vacation  would  not  end 
the  term  of  employment ;  on  the  contrary,  it  would  indi- 
cate that  the  engagement  had  not  been  terminated. 

353.  A  teacher  can  hold  the  Board  of  Trustees  respon- 


334  OPINIONS    OF   S'lATE    SUPEIUNTENDENTS. 

sible  for  his  salary  for  the  full  time  for  which  the  contract 
was  made,  whether  said  contract  be  oral  or  written,  unless 
he  is  dismissed,  after  due  investigation,  for  proper  cause. 

354.  If  a  teacher  is  engaged  to  teach  a  school  so  long  as 
the  funds  of  the  district  will  meet  the  expenses  of  the 
school,  the  Trustees  cannot  dismiss  him  prior  to  the  time 
the  money  in  the  fund  is  exhausted,  except  for  proper 
cause.  The  terms  "so  long  as  the  money  of  the  district 
will  hold  out "  are  sufficiently  definite  in  establishing  the 
time  for  which  the  teacher  is  employed ;  provided  the 
time  does  not  extend  beyond  the  thirtieth  day  of  June 
following,  and  provided  also  that  the  monthly  salary  must 
be  fixed. 

355.  A  teacher  under  contract  to  teach  for  a  definite 
time,  whether  the  contract  be  oral  or  tvi-ittcn,  cannot  be 
dismissed,  except  for  good  cause.  If  the  teacher  is  dis- 
missed the  Trustees,  as  such,  are  liable  for  his  salary. 

356.  Section  920  of  the  Political  Code  clearly  forbids 
any  Trustee  or  other  officer  to  be  interested  in  any  con- 
tract made  by  themselves  in  connection  with  the  schools. 

357.  Section  920  of  the  Political  Code  forbids  any  officer's 
being  interested  in  an^^  contract  made  by  himself  as  such 
officer,  or  made  by  any  Board  of  which  he  is  a  member. 
If  a  Trustee  is  pecuniarily  interested  in  the  employment, 
or  receives  the  compensation  for  his  son's  services,  the  sou 
being  a  minor,  said  Trustee  acts  in  violation  of  said  sec- 
tion, and  can  be  held  responsible  for  malfeasance  in  office. 

358.  If  the  Trustees  of  a  district  dismiss  a  teacher  prior 
to  the  expiration  of  the  time  for  which  they  have  con- 
tracted with  him,  without  proper  cause,  said  teacher  can 
hold  said  Trustees  responsible  for  his  salary  for  the  entire 
time  covered  by  the  contract ;  but  he  cannot  hold  them 
responsible  as  individuals. 

359.  It  is  not  necessary  that  there  should  be  a  written 
contract  between  teacher  and  Trustees.  An  oral  contract 
•w  ill  answer  every  purpose,  and  it  is  just  as  binding  in  law; 
but  in  case  of  trouble  the  oral  contract  would  have  to  be 
proven,  whilst  the  written  is  evidence  of  the  best  kind  in 
itself. 

360.  If  a  teacher  under  the  oral  contract  is  dismissed 
without  cause,   prior  to  the  expiration  of  the  time  for 


OPINIONS   OF   STATE    SUPERTNTKNDENTS.  3,% 

which  he  was  employed,  he  can,  by  suit  at  law,  recover 
salary  for  the  entire  time. 

8()1.  A  teacher,  whether  employed  under  oral  or  written 
contract,  cannot  be  dismissed  legally,  except  upon  charges 
duly  preferred  and  sustained,  after  having  had  opportunity 
to  be  heard  in  his  own  defense. 

8(j2.  Members  of  a  Board  of  Education  or  of  a  Board  of 
Trustees  must  not  be  interested  in  any  contract  made  by 
the  Board  of  which  tliey  are  members.  A  violation  of  tliis 
section  woukl,  upon  complaint,  be  a  sufficient  cause  for 
removal  from  office. 

COURSE  OF  STUDY. 

868.  It  is  the  duty  of  the  County  Board  to  prescribe  a 
course  of  study,  and  it  is  the  duty  of  teachers  and  Trus- 
tees to  enforce  the  course  adopted.  It  is  the  duty  of  pu- 
pils to  follow  the  course  prescribed. 

8()4.  All  teachers  in  the  schools  are  expected  and  re- 
quired to  teach  those  branches  which  are  designated  in 
the  law.  They  must  follow  the  course  of  study  adopted 
by  the  County  Board  of  Education.  Upon  failure  to  do  so 
the  Superintendent  has  the  legal  right,  under  Section  1700 
of  the  Political  Code,  to  withhold  his  signature  *o  a  war- 
rant for  their  salary.  (See  Section  l(ji)(j  of  the  Political 
Code.) 

865.  The  adoption  of  a  course  of  study  is  entirely  in  the 
hands  of  the  County  Boards  of  Education  or  of  the  City 
Board,  if  there  is  one.  The  course  of  study  is  not  deter- 
mined with  reference  to  the  State  University,  farther  than 
that  it  is  desirable  that  the  course  of  a  high  school  should 
be  such  as,  when  successfully  completed,  would  entitle 
the  graduates  to  enter  the  university,  or  rather,  enable 
them  to  do  so. 

366.  There  is  no  law  authorizing  the  County  Board  of 
Education  to  adopt  a  post  graduate  course. 

367.  The  adoption  of  a  course  of  study  for  high  schools 
being  provided  for  in  the  High  School  Acts,  passed  by  the 
late  Legislature,  the  County  Boards  cannot  adopt  a  course 
therefor,  except  as  provided  in  those  Acts. 

868.  County  Boards  of  Education  cannot  engraft  high 
school   studies   upon   the    course    of   study  for   grammar 


336  OPINIONS   OF   STATE   SUPERINTENDENTS. 

schools.  Could  they  do  so,  there  would  have  been  no 
necessity  for  the  passage  of  the  High  School  Bills  by  the 
Legislature. 

869.  Section  1771,  Subdivision  4,  makes  it  the  duty  of 
the  County  Board  of  Education  to  prescribe  and  enforce  a 
course  of  study  in  the  public  schools  of  their  respective 
counties. 

370.  It  is  the  duty  of  teachers  to  observe  and  enforce 
the  course  of  study  adopted  by  the  County  Board  of  Edu- 
cation in  their  particular  schools  ;  and  it  is  tlie  duty  of 
Principals  to  see  that  the  course  of  study  is  enforced,  both 
in  their  own  rooms  and  in  those  of  the  assistant  teachers. 

371.  Teachers  are  not  at  liberty  to  go  beyond  the  course 
of  study  adopted  by  the  County  Boards. 

372.  There  is  nothing  in  the  law  that  will  authorize  a 
County  Board  of  Education  to  establish  a  post-graduate 
course  in  the  grammar  schools,  whether  a  high  school  has 
been  established  or  not. 

DEPUTY  SUPERINTENDENT  OF  SCHOOLS. 

373.  There  is  no  law  requiring  the  deputy  of  a  County 
or  City  Superintendent  to  be  a  teacher  ;  but  it  is  ditticult 
to  see  how  the  deputy  to  a  Superintendent  can  manage 
without  being  a  teacher. 

374.  If  the  County  Superintendent  is  absent  from  a 
meeting  of  the  County  Board  of  Education,  his  deputy  lias 
the  right  to  act  in  his  place,  and  exercise  all  the  powers 
that  belong  to  him.    (See  Section  865  of  the  Political  Code. ) 

DICTIONARIES. 

375.  If  a  school  has  no  dictionary,  the  Trustees  not  only 
have  the  right,  but  it  is  their  duty  to  purchase  one.  A 
dictionary  is  part  of  the  necessari/  furimhim/  of  a  school. 

DIPLOMAS  OF  GRADUATION. 

376.  The  only  provision  of  law  concerning  the  granting 
of  diplomas  of  graduation  from  the  ])ublic  schools  is  that 
contained  in  Subdivision  7  of  Section  1771  of  the  Political 
Code.  It  is  in  the  hands  of  the  Board  to  determine  what 
the  examination  shall  be,  how  it  shall  be  conducted,  and 
by  whom.  In  some  counties  the  Principal  reports  to  the 
l>oard,  through  the  Superintendent,  the  names  of  those 
whom  he  considers  entitled  to  receive  diplomas,  and  the 


OPIXIONS    OF   STATE   SUPERINTKN DENTS.  3.'i7 

lioaid  appoints  one  or  more  of  its  members  a  committee 
to  visit  the  school  and  examine  those  recommended,  the 
examinations  being  conducted  partly  in  writing  and  in 
part  orally. 

377.  County  Boards  of  Kducation  have  power,  under 
Subdivision  7  of  Section  1771,  to  issue  diplomas  of  gradua- 
tion from  any  of  the  public  schools  of  the  county;  which 
diplomas  shall  be  designed  l)y  the  Superintendent  of  Pub- 
lic Instruction  and  distributed  as  other  l)Iaiik3  from  his 
office.  Diplomas  shall  be  issued  only  to  pupils  who  have 
passed  an  examination  prescri])ed  by  the  County  Board  of 
Education.  These  diplomas  shall  be  signed  by  the  Presi- 
dent and  Secretary  of  the  County  Board  and  by  the  Prin- 
cipal of  the  scliool.  The  County  Board  sliould  make  all 
necessary  provisions  for  such  examinations — nothing  will 
do  more  to  create  a  sinrit  of  ennUation  in  the  scliools  of 
the  county.  If  the  Board,  as  a  whole,  cannot  attend  to 
it,  then  a  conunittee  should  be  appointed  to  take  charge 
of  the  examination  ;  and  the  traveling  ex])enscs  of  such 
committee  ought  to  be  allowed  by  the  Board  of  Super- 
visors. 

378.  The  Principal  of  a  public  school  has  no  autiiority 
to  grant  diplomas  of  graduation  to  pupils  completing  the 
course  of  study  therein  until  their  right  to  graduate  has 
been  determined  by  the  Board  of  Education  ;  nor  can  the 
Principal  promote  pupils  from  one  grade  to  another  with- 
out the  authority  of  the  Board  of  Education. 

DIPLOMAS,  LIFE  AND  EDUCATIONAL. 

379.  The  State  Board  of  Education  sits  as  a  court  in 
•considering  the  revocation  of  diplomas,  and  will  act  only 
upon  legally  certified  evidence,  and  after  the  accused  has 
been  duly  notified  and  allowed  an  opportunity  for  defense. 

380.  A  diploma  from  the  Hastings'  Law  School  does  not 
come  within  the  meaning  of  "California  State  L^niversity 
Diploma,"  as  used  in  Section  1775  of  the  Political  Code. 

381.  It  is  not  necessary  that  the  experience  in  teacliing 
required  to  be  had  by  applicants  for  educational  or  lite 
diplomas  should  all  be  in  this  State.  It  is  necessary,  how- 
ever, that  an  applicant  claiming  an  experience,  part  of 
which  is  in  another  State,  should  present  to  the  local 
Board  entirely  satisfactory  proof  of  such  experience,  and 


338  OPINIONS    OF   STATE   SUPERINTENDENTS. 

that  it  was  successful  experience.  The  mere  statement  of 
the  applicant  is  not  sufticient.  Moreover,  the  Board  should 
be  fully  satisfied  of  the  worthiness  of  the  applicant,  in  all 
respects,  before  passing  the  resolution  of  recommendation. 
The  certified  copy  of  the  resolution  of  recommendation  is, 
to  the  State  Board,  prima  facie  evidence  of  the  worthiness 
of  the  party  recommended,  and  is  the  paper  filed  as  the 
voucher  for  the  diploma  issued. 

382.  A  life  diploma,  granted  prior  to  the  adoption  of  the 
new  Constitution,  confers  upon  the  holder  vested  rights 
which  cannot  be  taken  from  him  by  the  State.  This  di- 
ploma entitles  the  person  to  whom  it  was  granted  to  the 
highest  honors  of  the  profession  and  to  teach  in  any  public 
school  in  the  State. 

383.  It  is  not  necessary  for  a  teacher  who  holds  a  life 
diploma,  granted  by  the  State  Board  of  Education  prior  to 
the  adoption  of  the  New  Constitution,  to  apply  to  a  Board 
of  Education  for  a  certificate  to  teach.  The  life  diploma 
authorizes  a  teacher  to  teach  in  any  county  of  the  State. 

384.  The  holder  of  a  life  diploma,  granted  prior  to  the 
adoption  of  the  New  Constitution,  can  continue  to  teach, 
even  though  his  certificate  may  have  been  revoked. 

385.  If  a  document  has  all  the  qualities  of  a  life  diploma, 
and  confers  on  the  holder  all  of  the  powers  which  are  con- 
ferred by  a  document  designated  on  its  face  as  a  life  diplo- 
ma, it  is  a  life  diploma,  even  if  the  words  "  life  diploma  " 
are  not  on  its  face. 

386.  Applicants  for  life  and  educational  diplomas  should 
give  their  names  and  surnames  in  full,  correctly  spelled 
and  plainly  written.  Ladies  should  see  that  the  title  Miss" 
or  Mrs.,  as  the  case  may  be,  should  be  given.  Those  with 
the  title  Mrs.  should  give  also  their  surnames  before  mar- 
riage. These  recjuireinents  are  necessary  in  order  to  avoid 
confusion  and  trouble. 

387.  A  ('Ounty  Board  of  Education  may  with  propriety 
recommend,  for  either  a  life  or  an  educational  diploma,  a 
person  who  has  not  resided  in  their  county  for  a  year  or 
longer,  provided  they  can  certify  to  all  the  retjuisites  spec- 
ifie(l  in  Subdivision  4  of  Section  ir>21  of  the  l*olitical  Code. 

388.  The  State;  lioard  of  Education  will  grant  an  educa- 
tional or  life  diploma  to  a  pei'son  who  has  taught  success- 


OPINIONS    OK    .STATI'.    SI"  I'KKI  NTKN  DKNTS.  .S.SO 

fully  for  the  period  of  time  prescribed  in  tlic  law.  The 
law  requires  the  experience  to  have  been  successful.  The 
County  or  City  Board  are  to  judge  of  the  matter  of  suc- 
cessful experience  in  the  first  instance,  when  they  recom- 
mend or  refuse  to  recommend  a  teacher  for  a  diploma. 

389.  A  County  Superintendent  ought  not  to  require  the 
presentation  and  custody  of  a  life  or  an  educational  diplo- 
ma when  sat isf actor//  evidence  is  offered  that  the  ap[»licant 
is  the  hokler  of  such  a  diploma. 

300.  A  person  who,  holding  a  first  grade  Sacramento 
certificate,  goes  to  Placer  County  and  teaches  on  a  second 
grade  Placer  County  certificate  for  five  years,  has  com- 
plied with  the  statute  sufficiently  to  obtain  a  recommen- 
dation for  an  educational  diploma,  if  the  County  Board 
are  satisfied  that  the  experience  obtained  has  been  suffi- 
ciently successful.  Some  of  the  requirements  of  the  Code 
have  been  satisfied.  The  applicant  has  held  a  first  grade 
certiticate  one  year  and  has  taught  five  years.  Tlie  ques- 
tion as  to  the  degree  of  success  is  for  the  County  Board  to 
decide. 

391.  It  matters  not  what  Board  makes  the  recommen- 
dation for  an  educational  or  life  diploma. 

392.  The  State  Board  of  Education  has  no  power  to  re- 
new educational  diplomas  which  have  been  granted  by 
them. 

393.  The  time  spent  at  the  State  Normal  School  or  at 
the  State  University  has  never  been  held  by  this  office  or 
by  the  State  Board  of  Education  to  constitute  a  part  of 
the  time  during  which  a  teacher  must  be  engaged  in  teach- 
ing before  a  life  or  educational  diploma  will  be  granted. 

394.  The  holder  of  an  educational  diploma  cannot  have 
it  renewed.  If  such  a  diploma  could  be  renewed,  it  would 
become  equivalent  to  a  life  diploma.  There  is  no  author- 
ity in  law  for  the  renewing  of  an  educational  diploma. 

395.  Holders  of  expired  certificates  cannot  be  recom- 
mended for  life  or  educational  diplomas. 

396.  Seven  months  is  considered  a  school  year  for  the 
purpose  of  granting  life  or  educational  diplomas.  A  per- 
son to  be  entitled  to  an  educational  diploma  must  have 
taught  not  less  than  thirty-five  months,  and  the  thirty-five 


340  OPINIONS    OF   STATE   SlTPEKINTKNDEN'l'S. 

months  must  cover  a  perioel  of  not  less  than  live  calendar 
years. 

397.  A  year  passed  in  teaching  wliile  a  normal  school 
pupil  cannot  be  considered  as  one  of  the  five  years  neces- 
sary to  have  taught  before  receiving  an  educational  di- 
ploma. 

398.  A  second  grade  or  a  primary  certificate  has  no 
bearing  on  the  issuance  of  a  State  diploma,  either  life  or 
educational.  And  an  expired  certificate  is  of  no  value 
either,  as  the  State  Board  has  decided  not  to  grant  diplo- 
mas on  such  certificates. 

399.  An  applicant  for  an  educational  diploma,  to  cover 
the  law,  should  have  taught  at  least  a  total  of  thirty-five 
months  iu  a  period  of  not  less  than  five  calendar  years. 

400.  The  term  "life  diplomas,"  in  Section  1775  of  the 
Political  Code,  embraces  life  diplomas  of  other  States  as 
well  as  those  of  California. 

401.  Prior  to  1880  there  was  a  section  of  the  Political 
Code,  1754,  which  read:  "The  holders  of  diplomas  are 
eligible  to  teach  in  any  public  school,  except  in  high  schools 
in  which  languages  other  than  the  English  are  recjuircd  to 
be  taught  by  such  teachers." 

Holders  of  snch  diplomas  should  have  the  same  rights 
now;  that  is,  the  diploma  should  entitle  them  to  teach  in 
any  puljlic  school  in  the  State,  excei^ting  in  high  schools 
where  they  would  be  re(j^uired  to  teach  languages  other 
than  the  English. 

If,  under  the  old  law,  certificates  were  granted  to  hold- 
ers of  life  diplomas,  such  certificates  nmst  have  been 
granted  by  the  State  Board  of  Examination  under  Section 
1750  of  the  Political  Code  as  it  then  stood.  It  would 
seem  that  the  life  diploma  was  a  certificate  of  the  highest 
character,  and  that  the  holder  thereof  couhl  teach  without 
any  additional  certiiicatc.  I  would  conclude  that,  while 
the  County  Board  of  Examination  may,  under  Section 
1775  of  the  Political  Code,  grant  a  certificate  to  the  holder 
of  such  life  diploma,  the  certificate  is  not  necessary  to 
entitle  the  holder  of  the  diploma  to  teach  in  the  public 
schools,  and  no  examination  can  be  rcipiircd  of  the  holder 
of  such  a  diploma.  (Attorney-Ceneral  C.  A.  Johnson, 
October,  1887.) 


OPINIONS   OF   STATE   SUPERINTENDENTS.  341 

402.  A  party  who  has  taught  continuously  from  1878 
until  May,  1887 — some  8G  months — is  not  entitled  to  a  life 
diploma,  because  the  period  does  not  extend  over  the 
period  of  ten  years. 

403.  The  State  Board  of  Education  understands  the  re- 
quirement for  life  diplomas  to  be  that  the  teacher  must 
liave  taught  some  time  during  each  of  ten  years,  and  in  all 
at  least  seventy  months.  The  Board  requires  of  api)licants 
for  State  diplomas  a  statement  of  the  places  ■where  they 
have  taught  and  the  time  in  each  place. 

404.  State  educational  diplomas  are  not  renewed  by  tlie 
State  Board  of  Education. 

405.  Time  spent  in  teaching  in  a  private  school  has  al- 
ways been  counted  as  a  part  of  the  school  experience 
required  for  educational  or  life  diplomas.  (Hoitt,  June, 
1889.) 

406.  Our  law  requires  that  a  grammar  grade  or  a  higher 
coimty  certificate  of  this  State,  be  held  for  one  year,  in 
addition  to  the  five  years'  experience,  before  a  teacher  be- 
comes entitled  to  an  educational  diploma. 

407.  It  was  resolved  that  after  September  •20th,  1880,  no 
more  duplicate  State  diplomas  will  be  issued.  In  case  of 
the  loss  of  the  original  diploma,  the  Secretary  of  the 
Board,  the  State  Superintendent,  is  authorized  to  certify 
to  the  issuance  of  the  original  diploma  accor'^ing  to  the 
records  of  his  office.  In  order  to  procure  this  certified 
statement,  an  affidavit  of  the  time  and  manner  of  loss  of 
the  diploma  must  be  presented  to  the  County  Board  of 
Education,  and  they  may  give  a  recommendation  to  the 
applicant  sending  affidavit  and  recommendation  to  the  State 
office  for  filing.  (State  Board  of  Education,  November, 
1889.) 

408.  The  time  for  which  a  county  certificate  must  be 
held  before  applying  for  a  State  diploma  is  a  calendar,  and 
not  a  school  year. 

409.  An  educational  diploma  may  be  considered  suffi- 
cient evidence  of  five  years'  experience  ;  though  any  Board 
of  Education  may  require  a  statement  of  the  time  and 
places  taught,  if  they  deem,  it  best. 

410.  An  applicant  for  a  life  diploma  need  not  have  taught 


342  0PIXI0^^s  or  state  supekintendexts. 

seven  mouths  in  each  of  the  ten  years  required;  but  he  must 
have  taught  some  in  each  of  the  ten  years. 

411.  Li  order  to  obtain  a  life  or  an  educational  diploma 
it  is  necessar  J'  that  the  months  taught  should  cover  a  period 
of  at  least  ten  ov  fire  years  respectively;  i.  e.,  from  the  time 
the  applicant  began  to  teach  until  the  time  of  application 
to  the  County  Board  for  their  recommendation  should  be 
the  full  period  of  ten  or  hve  calendar  years,  as  tlie  case 
may  be.  It  is  not  necessary  that  the  applicant  should  have 
taught  seven  months  in  each  of  the  ten  or  five  years,  but 
the  aggregate  of  months  must  l)e  seventy  for  life  diplomas, 
and  thirty --five  for  educational  diplomas. 

412.  Thirty-five  months  of  teaching  within  a  less  period 
than  five  calendar  years  does  not  entitle  a  teacher  to  an 
educational  diploma. 

413.  In  order  to  secure  action  by  the  State  Board  of  Ed- 
ucation, it  is  necessary  that  the  years  in  whicli  and  tlie 
number  of  months  in  each  year,  should  be  speciiically  set 
forth  in  all  recommendations  for  life  or  educational  di- 
plomas. Under  tlic  amendment  adopted  by  the  present 
Legislature,  the  applicant  for  either  of  these  diplomas 
must  make  afiidavit  as  to  the  time  specified  in  the  recom- 
mendation. 

414.  A  certificate  showing  that  one  has  had  a  life  or  an 
educational  diploma  awarded  him  by  the  State  Board  of 
Education,  cannot  be  issued,  unless  an  affidavit  has  been 
filed  in  the  State  Superintendent's  office  showing  that  the 
diploma  has  been  lost  or  destroyed. 

415.  It  is  not  necessary  that  seven  months  should  be 
taught  in  each  of  the  five  or  ten  years,  respectively,  re- 
quired for  educational  or  life  diplomas.  It  is  simply  re- 
(juired  that  the  aggregate  shall  be  thirty-five  or  seventy 
montlis,  but  the  period  of  time  must  extend  over  five  or 
ten  years.  Tiiis  has  been  the  ruling  of  the  State  Board  of 
Education  and  governs  in  all  cases. 

416.  A  grammar  school  course  certificate,  if  obtained 
upon  examination,  is  a  suHicient  credential  upon  which  a 
County  Hoard  may  recommend  a  life  diploma  of  the  high- 
est grade. 

417.  An  applicant  for  an  educational  or  life  diplonui 
nmst  have  taught  some  jxtr/  of  (ivory  one  of  the  five  or  ten 


OPINIONS    OF   STATE    STPKIIINTENDENTS.  '^4li 

years  respectively  required.  It  is  not  enough  to  have 
taught  seventy  months  in  the  period  of  eight  years  to  se- 
cure a  life  diploma,  even  though  it  may  be  over  ten  years 
since  the  applicant  first  began  to  teach. 

418.  In  all  cases  when  a  recommendation  for  a  life 
diploma  is  sent  to  the  State  Board  of  PMucation  it  must  be 
accompanied  by  a  certificate  of  the  grammar  or  first 
grade,  by  a  high  school  certificate,  or  by  an  educational 
diploma,  and,  also,  by  the  affidavit  required  under  the 
law;  otherwise  the  State  Board  will  not  act  upon  the 
application. 

419.  By  a  regulation  of  the  State  Board  of  Education 
educational  diplomas  cannot  be  renewed. 

420.  The  State  Board  of  Education  will  grant  life 
diplomas  of  the  higher  grade  to  those  persons  only  wlio  are 
the  holders  of  valid  grammar  school  course  or  high  school 
certificates  issued  in  California.  The  applicant  must  have 
taught  twentj'-one  months  in  California. 

421.  The  State  Board  of  Education,  some  time  ago, 
passed  a  regulation  that  they  would  not  grant  duplicate  life 
»r  educational  diplomas.  This  rule  they  adhere  to  strictly 
unless  affidavit  is  presented  siiowing  that  said  diplomas 
have  been  destroyed.  If  anj^  diploma  has  been  lost,  the 
Board  will  grant  a  certificate,  under  seal  of  tlie  Board, 
representing  that  upon  a  certain  date  a  diploma  was 
issued.  In  no  case  will  any  action  be  taken  without  the 
accompanying  affidavit. 

422.  The  State  Board  of  Education  cannot  recognize 
State  certificates  of  any  kind  as  credentials  upon  which  to 
issue  educational  or  life  diplomas.  These  diplomas  can 
be  issued  only  in  accordance  with  Section  1521,  Subdi- 
vision 4. 

423.  Life  and  educational  diplomas  being,  according  to 
the  decision  of  the  Attorney-Generars  office,  legal  docu- 
ments, the  holders  thereof,  if  Boards  of  Education  or 
Boards  of  Trustees  think  proper  to  employ  them,  can 
legally  draw  their  salaries.  To  enable  them  to  do  so,  it  is 
necessary  to  exhibit  the  diplomas  to  the  City  or  County 
Superintendent  that  a  record  may  be  made  before  taking 
charge  of  the  school. 


344  OPINIONS   OF   STATE   SUPERINTENDENTS, 

424.  Educational  and  life  diplomas  in  California  are 
granted  upon  presentation  to  our  State  Board  of  Educa- 
tion of  proper  affidavit  of  experience  and  the  recommenda- 
tion of  a  City  or  County  Board  of  Education.  If  a  City  or 
County  Board,  upon  a  Nevada  educational  diploma,  has 
granted  a  certificate,  the  presumption  is  that  the  Board 
has  made  the  necessary  investigation  relative  to  the  merits 
of  the  applicant,  and  the  State  Board  would  not  go  back 
of  the  recommendation  and  certificate  from  the  City  or 
County  Board  granting  them. 

425.  If,  after  proper  investigation,  a  City  or  County 
Board  of  Education  find  that  an  applicant  for  an  educa- 
tional or  life  diploma  is  not  fully  up  to  the  requirements 
of  our  law,  it  is  their  duty,  no  matter  what  credentials 
may  be  presented,  or  whether  the  credentials  are  from  our 
own  or  any  other  State,  not  to  grant  the  recommendation 
for  the  diploma.  Our  State  Board  must  base  their  action 
on  the  recommendation  of  the  City  or  County  Boards;  and, 
unless  the  State  Board  has  positive  evidence  of  improper 
action  on  the  part  of  the  City  or  County  Board;  or,  unless 
the  State  Board  has  knowledge  of  facts  supposed  not  to  be 
in  possession  of  the  City  or  County  Board,  thej^  will  be 
governed  in  tlieir  action  by  the  recommendation  of  the 
City  or  County  Board. 

426.  Neither  educational  or  life  diplomas  can  be  granted 
by  the  State  Board  of  Education  without  a  recommenda- 
tion from  a  County  or  City  Board  of  Education. 

427.  Boards  of  Education  may,  or  may  not,  recognize 
certificates  previously  granted  by  them,  when  application 
is  made  to  them  for  a  recommendation  to  the  State  Board 
for  educational  or  life  diplomas. 

428.  Educational  and  life  diplomas  are  valid  authoriza- 
tions to  teach  in  any  county  of  the  State.  These  di- 
plomas need  not  be  tiled  with  the  Superintendents;  nor 
need  any  certificate  be  filed.  All  that  is  required  is  that 
the  hohler  of  the  diploma  shall,  when  employed  in  any 
county,  exhibit  his  diploma  to  the  Superintendent  thereof. 
Thereupon  the  Superintendent  is  required  to  record  the 
name  of  the  holder  in  his  office;  this  will  exempt  from  the 
necessity  of  filing  any  diploma  or  certificate. 

429.  Ixesolrcd,  That  this  Board  will  hereafter  recognize 


Ol'lNfONS    OK    STATK    SI' I'KKI  NTKM  »KM  S.  JM") 

the  credentials  \i\)on  wliioh  the  recommendatory  life  and 
educational  diplomas  <,M-anted  prior  to  June  2d,  1S!).S, 
and  sul)se<|uent  to  the  adoption  of  the  New  Constitution, 
were  granted;  and  that,  upon  presentation  of  said  di- 
plomas for  cancellation,  and  payment  of  the  proper  fee  for 
the  issuing  of  the  new,  the  Board  will  grant  life  and  edu- 
cational diplomas  under  the  law  as  amended  l)y  the  Legis- 
lature, March  28d,  1893.     (State  Board,  Septendjer,  181)3.) 

430.  Resolved,  That  hereafter  it  shall  be  the  duty  of  the 
Secretary  of  this  Board  to  return  to  the  Superintendent 
of  Schools  in  the  respective  city  or  county,  all  papers  ac- 
companying the  application  of  any  party  recommended  by 
the  15oard  of  Education  in  the  city  or  county,  respectively, 
for  a  life  diploma,  an  educational  diploma,  or  a  Normal 
document,  unless  the  affidavit  accompanying  .said  appli- 
cation distinctly  specifies,  from  the  first  date  thereon  to 
the  last  date  thereon,  the  time  of  experience  of  the  appli- 
cant; which  time  shall  in  no  case  be  less  than  ten  calen- 
dar years  for  a  life  diploma,  five  calendar  years  for  an 
educational  diploma,  and  two  calendar  years  for  a  Nor- 
mal document. 

Resolved,  That  no  application  wdll  be  considered  by  this 
Board,  unless  the  certificate  accompanying  the  applica- 
tion clearly  shows  upon  what  the  original  certificate  was 
granted.     (State  Board,  September,  1893.) 

DIPLOMAS,  NORMAL  SCHOOL. 

431.  There  is  no  authority  given  in  the  law  for  recog- 
nizing the  diplomas  of  private  normal  schools  of  this  or  of 
any  other  State. 

432.  A  graduate  of  a  Nova  Scotia  State  Normal  School 
cannot  be  granted  a  temporary  certificate.  According  to 
Section  1775  of  the  Political  Code,  the  County  Board  are 
authorized  to  grant  certificates  without  examination  only 
to  the  holders  of  State  Normal  School  diplomas  of  other 
States.  This  means  States  of  our  Union.  Should  such  a 
certificate  be  granted  to  a  teacher  \ipon  such  a  diploma, 
and  she  should  teach  thereon,  it  would  be  unlawful  for  the 
Superintendent  and  Trustees  to  draw  a  requisition  for  the 
pay  of  such  teacher. 

433.  State  Normal  School  diplomas  are  not  credentials 
justifying  the  issuance  of  high  school  certificates  without 


346  OPINIONS   OK   STATE   SUrEKINTKNDENTS. 

examination  in  the  additional  studies  of  the  high  school  ; 
nor  have  they  at  any  time  been  so  regarded. 

434.  No  Normal  School  diploma  from  any  place  outside 
of  the  States  of  the  American  Union  can  be  accepted  as 
proper  credentials  upon  which  to  issue  certificates  to  teach- 
ers. The  law  expressly  says  :  "  State  Normal  School  di- 
plomas of  other  States."  This  restriction  is  not  attached 
to  life  diplomas. 

435.  Under  the  law  as  amended  March  23d,  1893,  noth- 
ing higher  than  a  grammar  grade  certificate  can  be  granted 
upon  a  Normal  School  diploma  of  this  State  or  of  any 
State. 

DIPLOMAS,  REVOCATION  OF. 

436.  One  of  the  rules  adopted  by  the  State  Board  of 
Education  is  :  "  That  when  any  County  Board  of  Educa- 
tion shall  revoke  the  certificate  of  any  teacher  for  unpro- 
fessional conduct,  and  shall  notify  this  Board  of  such 
action,  the  action  of  the  County  Board  shall  be  considered 
prima  facie  evidence  that  the  teacher  is  unworthy  to  hold  a 
life  or  educational  diploma,  and  unless  an  appeal  is  taken, 
within  three  months,  to  this  Board,  then  this  Board  will 
revoke  any  diploma  that  they  may  have  granted  to  said 
teacher. "  This  refers  to  life  and  educational  diplomas  of 
any  date. 

437.  The  rule  of  the  State  Board  is  that  the  diploma  of 
a  teacher  whose  certificate  has  been  revoked  by  a  County 
Board  for  unprofessional  condiict,  will  be  revoked,  unless 
the  teacher  appeals  from  their  action  to  the  State  Board 
within  three  months. 

438.  The  State  Board  has  no  printed  i-ules  regarding  the 
revocation  of  diplomas.  When  charges  are  preferred 
against  any  one,  a  copy  of  such  charges  is  served  upon  the 
party  charged  and  he  is  given  usually  tliirty  days'  time  in 
which  to  file  his  answer.  The  evidence  must  be  brought 
against  tlie  moral  character  or  regarding  the  moral  incom- 
petency of  tlie  party.  Any  parents  or  patrons  of  a  school 
can  bring  charges. 

DIPLOMAS,  UNIVERSITY. 

430.  The  law  does  not  authorize  the  recognition  of  State 
University  diplomas,  except  in  the  case  of  our  own  State 
University,  and  then  only  when  accompanied  by  a  reconi- 


OPINIONS    OF   STATE   SUPKRINTENIiKNTS.  347 

mendation  from  the  Faculty,  unless  such  universities  have 
l>een  accredited  by  the  State  Board  of  Education  as  pro- 
vided in  .Section  1775  of  the  Political  Code. 

DISCIPLINE. 

440.  When  a  teacher  is  incapable  of  maintaining  proper 
discipline  in  a  school,  and  the  Trustees  are  not  inclined  to 
remedv  the  matter,  the  best  way  is  for  some  of  the  patrons 
of  theSchool  to  make  specific  charges  of  incompetency  to 
the  Superintendent  and  Trustees,  and  to  present  evidence 
and  ask  for  the  removal  of  the  teacher. 

DISEASES,    CONTAGIOUS. 

441.  Teachers  have  the  power  by  law  to  refuse  admission 
to  the  school  to  any  child  supposed  to  be  affected  with  a 
contagious  disease,  without  the  certificate  of  a  physician 
to  the  effect  that  the  disease  is  not  contagious. 

442.  It  has  several  times  been  decided  l^y  the  Attorney- 
General  and  by  the  Superintendent  of  Public  Instruction 
that  when  the  Trustees  of  a  district  close  tlie  school  in 
consequence  of  the  prevalence  of  contagious  disease,  the 
teacher  is  entitled  to  salary  during  the  time. 

443.  Teachers  are  entitled  to  salary  for  vacations  caused 
by  the  prevalence  of  contagious  diseases. 

DISMISSAL,  OF  TEACHERS. 

444.  It  is  a  difficult  matter  to  answer  specifically  for 
what  causes  a  teacher,  who  has  a  written  contract  for  a 
given  time,  may  be  discharged  and  his  salary  witliheld.  A 
violation  on  the  part  of  the  teacher  of  tlie  terms  of  the 
written  contract  would  be  a  cause,  whatever  the  terms 
might  be.  Incompetency,  .immoral  conduct,  a  failure  to 
perform  the  duties  imposed  by  Section  1()06 — these  would 
all  furnish  causes  for  such  dismissal.  Recognizing  the 
possibility  of  a  teacher  being  dismissed,  or  his  salary  l)eing 
withheld  unjustly,  tlie  Legislature  in  Section  lfiS>8  of  the 
Political  Code  provided  for  an  appeal  by  the  teachers  from 
the  Trustees  to  the  Superintendent. 

445.  Trustees  cannot  dismiss  a  teacher  employed  for  a 
specified  time,  except  for  proper  cause.  Proper  cause  may 
be  non-compliance  with  the  provisions  of  Section  KiOh'  of 
the  Political  Code,  incompetency,  inefficiency  or  unpro- 
fessional conduct.     Sliould  Trustees  close  the  scliool  prior 


348  OPINIONS    OF   STATE   SUPERINTENDENTS. 

to  the  time  for  which  the  teacher  was  engaged,  they  are 
responsible  to  the  teacher  for  her  salary  for  the  entire 
time. 

446.  If  a  teacher  has  been  employed  under  contract,  or 
for  a  definite  period  under  implied  contract,  the  Trustees 
cannot  dismiss  her,  except  for  cause.  Decrease  of  attend- 
ance forms  no  factor  in  deciding  whether  a  teacher  should 
be  dismissed  or  not.  ' 

DISTRICTS,  JOINT. 

447.  In  joint  districts,  that  is,  in  districts  lying  partly  in 
each  of  two  or  more  counties,  the  Census  Marshal  should 
report  to  each  County  Superintendent  the  wliole  number 
of  census  children  in  the  district,  and  also  the  number  of 
children  in  the  county  of  which  the  party  to  whom  the 
report  is  made,  is  Superintendent.  This  is  necessary,  that 
the  Superintendents  may  properly  apportion  the  school 
moneys  to  such  districts  in  accordance  with  Section  1583 
of  the  Political  Code. 

448.  In  order  that  a  proper  apportionment  may  be  made 
in  joint  districts  in  accordance  with  subdivision  fourth  of 
Section  1858  of  the  Political  Code,  teachers  should  report 
to  each  Superintendent  the  average  attendance  and  other 
statistics  of  those  pupils  only  who  reside  in  the  Superin- 
tendent's County. 

449.  In  joint  districts  the  Superintendents  must  include 
in  their  reports  to  the  State  Superintendent  the  statistics 
of  those  pupils  only  who  reside  in  their  respective  coun- 
ties. 

450.  The  law  does  not  require  the  teachers  of  a  joint 
district  to  hold  a  certificate  from  both  counties. 

451.  A  joint  district  must  have  its  own  apportionment 
of  money  in  accordance  with  Section  1583  of  the  Political 
Code,  and  the  teacher  should  be  paid  from  the  funds  be- 
longing to  the  district,  not  alternately  from  the  two  coun- 
ties. 

452.  Joint  districts,  that  is,  districts  lying  partly  in  one 
county  and  partly  in  one  or  more  other  counties,  can  be 
formed  only  in  tlic  manner  provided  for  the  formation  of 
new  districts.  (See  Section  1577,  Sulxlivision  .3,  of  the  Po- 
litical C'ode. )  .Joint  districts,  when  first  formed,  are  new 
districts,  and  all  the  provisioua  of  law  applicable  to  the 


OPINIONS    OF   STATE   SUPERINTENDENTS.  .'{49 

formation  of  new  districts  apply  in  their  formation.  Joint 
districts  can  be  formed  only  between  the  first  day  of  De- 
cember and  the  fiftli  day  of  April  in  any  year. 

458.  The  law  si^eciHcally  states  tliat  in  the  case  of  joint 
districts  the  teacher  need  not  hold  a  certificate  from  each 
county.     (8ee  Section  1583  of  the  Political  Code.) 

DISTRICT,  LAPSED. 

454.  If  the  average  attendance  for  three  months  [under 
present  law  for  a  whole  year — J.  AV.  A.]  in  district  A  l)e 
only  five  pupils,  even  if  it  could  be  proven  that  during  tliis 
time  four  other  census  children  belonging  to  district  A  had 
attended  school  regularly  in  district  C  merely  for  the  pur- 
pose of  breaking  up  school  in  district  A,  district  A  would 
lapse,  and  would  lose  its  share  of  the  school  fund. 

455.  A  school  in  which  there  are  but  six  pupils,  one  of 
whom  is  under  six  years  of  age,  would  lapse.  The  pupil 
under  six  years  of  age  should  not  be  counted, 

45().  Before  the  Board  of  Supervisors  can  revive  a  lapsed 
district  they  must  take  all  of  those  steps  which  they  would 
take  if  they  were  creating  a  new  district. 

457.  When  a  district  lapses,  its  territory  does  not  fall 
back  into  and  again  become  a  part  of  the  district  or  dis- 
tricts from  which  it  was  originally  formed.  The  district 
remains  as  an  isolated  piece  of  territory  until  the  Board  of 
Supervisors  dispose  of  it. 

458.  A  district  does  not  lapse  because  a  six  mouths' 
school  has  not  been  maintained.  If  there  is  an  average 
attendance  for  three  months  [now  a  year -^ J.  W.  A.]  of 
only  five  pupils,  the  district  will  lapse,  and  there  is  no 
remedy.  A  district  can  be  prevented  from  lapsing  only 
by  having  over  five  pupils  in  average  attendance  during 
the  prescribed  time. 

459.  A  district  in  which  school  has  been  suspended  on 
account  of  a  prevailing  epidemic,  under  Section  1859  of 
the  Political  Code,  does  not  lose  its  right  to  apportion- 
ment. By  a  similarity  of  reasoning,  if  the  attendance  has 
run  below  six  in  consequence  of  the  same  cause,  the  dis- 
trict would  not  lapse. 

4G0.  In  my  opinion  a  district  would  not  lapse  in  conse- 
quence of  the  fact  that  a  portion  of  tlic  pupils  did  not  be- 


350  OPINIONS   OF   STATE   SUPERINTENDENTS. 

long  to  the  district,  provided  thosft  pupils  were  legally  at- 
tending; that  is,  were  present  in  pursuance  of  Subdivision 
15  of  Section  1617  of  the  Political  Code.  Section  1543, 
Subdivision  2,  does  not  confine  the  attendance  of  the 
minimum  number  to  residents  of  the  district. 

461.  A  lapsed  district  cannot  be  revived  without  a  new 
organization. 

462.  A  district  cannot  lapse  so  long  as  it  has  an  average 
attendance  of  more  than  five  pupils. 

463.  A  district  lapses  whenever  there  is  an  average  at- 
tendance of  five  or  less  than  five  for  three  consecutive 
months.     [Under  present  law  for  a  whole  year — J.  W.  A.] 

464.  Inasmuch  as  a  district  does  not  lose  its  State  ap- 
portionment l)ecause  it  fails  to  maintain  a  six  months' 
school  on  account  of  flood,  fire  or  epidemic,  it  seems  to  me 
that  a  district  should  not  be  declared  lapsed  because  the 
daily  average  is  cut  down  to  five  or  less  on  account  of  the 
roads  being  rendered  impassable  by  heavy  snows. 

465.  A  district,  under  late  amendments  to  the  law,  does 
not  lapse  unless  the  average  attendance  for  the  entire 
school  year,  or  term  for  which  the  school  was  maintained 
for  the  school  year,  is  five  or  less  than  five. 

466.  When  the  average  attendance  of  a  school  for  the 
entire  time  for  which  the  school  was  maintained  during  the 
school  year  falls  to  Jive  or  less  than_^w,  it  is  the  duty  of  tlie 
Superintendent  to  suspend  the  district,  and  to  report  tlic 
fact  to  the  Board  of  Supervisors. 

DISTRICTS,  NEW. 

467.  In  the  formation  of  new  districts,  there  is  nothing 
in  the  law  regulating  tlie  l)oundary  lines.  The  nearest 
boundary  line  of  the  new  district  may  immediately  adjoin 
the  lot  upon  which  tlie  school-house  in  the  old  district  is 
located.  It  is  necessary  only  that  the  parents  or  guardians 
of  at  least  fifteen  census  children,  residents  of  such  pro- 
posed new  district,  should  reside  at  a  greater  distance  than 
two  miles  from  any  pul)lic  school-house. 

468.  The  law  ])rovides  no  means  to  com|)el  the  Board  of 
Supervisors  to  establish  a  new  district.  When  a  petiti(»n 
is  presented  to  them  for  the  purpose  of  forming  a  nvw  dis- 
trict, it  is  tlieii-  duty  to  consider  it ;  but  it  is  in  their  opti(»M 
whether  to  grant  tlie  prayc^r  »»t'  the  pt^titiom-rs  or  not. 


Ol'INlONS    OK    STATK    SIl'KIU  NTKNKKNTS.  o51 

4()U.  New  districts  can  be  created  only  hetweeiitlie  lirst 
day  (»f  Deceniljcr  and  the  iifth  day  of  April  in  any  year. 
The  money  of  the  old  <li.strict  or  districts  is  not  to  he  di- 
vided with  the  new  district  ;  but  the  children  continue 
their  right  to  attend  the  school  or  schools  in  the  old  dis- 
trict until  the  close  of  the  school  year  in  June.  The  new 
district  comes  in  for  its  apportionment  for  the  year  com- 
mencing on  the  first  of  July.  The  law  does  not  compel 
the  new  district  to  begin  school  therein  before  the  second 
Monday  of  September  after  its  formation. 

470.  ^Vllen  a  school  district  is  divided,  and  a  new  dis- 
trict is  formed,  the  new  district  is  not  entitled  to  any  por- 
tion of  the  property  of  the  old  district.  The  library  cannot 
he  divided,  nor  can  the  library  fund,  or  other  funds. 

471.  When  a  new  district  is  constituted,  it  is  not  enti- 
tled to  any  of  the  property  of  the  old  district  of  whicli  it 
previously  formed  a  part.  The  library  cannot  be  divided, 
but  remains  the  property  of  the  old  district. 

472.  The  expression  "  within  two  miles  of  any  district 
school-house  "  refers  to  the  same  county,  except  in  the  case 
of  joint  districts.  Under  the  law  as  it  now  is,  a  new  dis- 
trict cannot  be  formed  that  is  less  than  two  miles  from  a 
school -house  in  the  same  county,  except  as  specified  in 
Section  1577  of  the  Political  Code. 

473.  A  new  district  cannot  obtain  any  part  of  the  funds 
apportioned  for  the  year  in  which  said  new  district  was 
formed.  If  the  school  is  opened  in  the  new  district  prior 
to  the  first  day  of  July  in  the  year  in  which  it  was  formed, 
it  must  be  supported  by  private  means  until  the  first  day 
of  July. 

474.  When  a  school  district  is  divided  by  the  formation 
of  a  new  district,  the  new  district  is  not  entitled  to  any 
property  belonging  to  the  original  district. 

475.  Under  the  law,  as  amended  by  the  last  Legislature, 
no  new  school  district  can  be  formed  at  any  other  time 
than  between  the  first  day  of  December  and  the  fifth  day 
of  April. 

476.  If  school  is  commenced  in  a  new  district  prior  to 
the  first  day  of  July,  subsequent  to  its  formation,  it  must 
be  siipported  at  the  expense  of  the  people  of  the  district. 


352  OPINIONS    OK   STATE    SUPERINTENDENTS. 

No  new  district  can  have  any  apportionment  of  funds  made 
to  it  for  the  year  in  which  it  was  formed. 

477.  A  new  school  district  is  not  entitled  to  any  appor- 
tionment of  funds  for  the  year  in  which  it  was  formed. 

478.  When  a  new  school  district  is  formed  it  is  not  enti- 
tled to  any  apportionment  of  funds  belonging  to  the  school 
year  in  which  it  was  formed.  The  children  of  the  new 
district  are,  by  law,  entitled  to  attend  the  school  in  the 
district  from  which  the  new  district  was  formed  until  the 
first  day  of  July  next  succeeding  the  formation  of  the  new 
district.  The  school  in  the  new  district  should  not  be 
opened  until  after  the  first  day  of  July  next  succeeding  ;  if 
it  is  opened  it  must  be  supported  by  private  means. 

DISTRICTS,   SCHOOL. 

479.  By  subdivision  two  of  Section  4046  of  tlie  Political 
Code,  it  is  made  the  duty  of  the  Boards  of  Supervisors  of 
the  several  counties  of  this  State  to  divide  them  into  school 
districts,  and  to  change  such  districts  as  convenience  may 
require  ;  and,  by  the  twenty-fifth  subdivision  of  the  same 
section,  such  Boards  are  authorized  to  do  all  things  which 
may  be  necessary  to  the  proper  discharge  of  that  duty. 
If,  in  order  to  accomplish  the  purposes  of  the  law,  it  be- 
comes necessary  for  the  Board  to  make  a  survey,  a  sur- 
veyor may  be  employed  for  that  purpose.  The  division 
should  be  made  ])y  order  of  the  Board  ;  and  the  fact  of  the 
division,  together  with  an  accurate  description,  should  be 
entered  upon  tlie  record.  Section  1551  of  the  Political 
Code  makes  it  the  duty  of  the  .Superintendent  to  inquire 
and  ascertain  whether  the  boundaries  of  the  school  dis- 
tricts in  his  county  are  definitely  and  plainly  described  in 
the  records  of  the  Board  of  Supervisors,  and  to  keep  in 
his  office  a  full  and  correct  transcript  of  such  boundaries. 
If  the  boundaries  of  districts  are  confiicting,  or  incorrectly 
described,  the  Sui)e)Mntendent  shall  report  such  fact  to  the 
lioard  of  Supervisors,  and  they  shall  inmiediately  take  such 
steps  as  may  be  necessary  to  change,  harmonize  and  clearly 
define  them.  To  accomplish  this  the  Board,  if  they  deem 
it  necessary,  may  order  a  survey  and  employ  a  surveyor. 

480.  When  a  new  district  is  formed  by  the  subdivision 
of  an  old  one,  the  County  Superintendent  should  pay  the 
debts  of  the  old  district  out  of  the  money  on  hand  to  the 


OPINIONS   OF   STATE   SUPEIUNTENDKNTS.  .SoS 

credit  of  the  old  district.  There  is  no  law  making  the  new 
district  thus  formed  liable  for  any  part  of  the  debts  of  the 
old  district, 

480^.  There  are  no  means  by  wiiicii  two  school  di.stricts 
can  nnite,  except  by  petition  signed  by  a  majority  of  the 
heads  of  families  residing  in  each  of  the  districts  seeking 
to  be  united,  as  provided  in  Sections  1577  and  1578  of  the 
Political  Code.     (Attorney-General  A.  L.  Hart,  1881.) 

481.  The  Board  of  Supervisors  can  divide  a  district 
when  the  provisions  of  Sections  1577  and  1578  have  been 
complied  with  ;  but  it  must  be  done  at  their /n>/  meeting 
after  the  receipt  of  the  petition,  according  to  Section  1579. 
After  they  have  divided,  or  refused  to  divide,  their  power 
ceases.  They  have  no  control  over  schools  or  school- 
houses.  The  school  is  under  the  sole  management  and 
control  of  the  Trustees,  and  there  can  be  but  three  Trus- 
tees in  a  district. 

482.  When  incorporated,  a  town  becomes  a  separate 
school  district. 

ELECTIONS. 

483.  If  two  persons  at  an  election  for  the  office  of  School 
Trustee  received  an  equal  number  of  votes,  the  request  of 
one  of  those  persons  could  not  make  the  other  the  duly 
elected  officer.  Under  such  circumstances,  there  being  no 
other  person  to  till  the  office,  it  would  be  proper  for  the 
County  Superintendent  to  appoint  a  suitable  person  to  the 
office,  to  hold  until  the  next  annual  election.  (Attorney- 
General  A.  L.  Hart,  1881.) 

4885.  The  loss  of  a  certificate  of  election  does  not  create 
a  vacancy,     (Attorney-General  A.  L.  Hart,  1881.) 

484.  There  is  no  law  providing  for  the  payment  of  Judges 
and  Inspectors  of  elections  for  Trustees, 

485.  If  the  law  has  not  been  complied  with  in  connec- 
tion with  the  election  of  Trustees,  the  election  is  not  valid. 
It  is  not  the  place  of  a  Superintendent  to  pass  upon  this 
question.  The  presumption  of  law  is  in  favor  of  the  cer- 
tificate of  election,  and  this  presumption  can  be  overcome 
only  by  the  action  of  a  Court,  after  hearing  testimony  in 
the  matter. 

486.  The  requirements  of  the  statute  in  reference  to  the 
election  of  officers  must  be  strictly  carried  out,  there  being 


354  OPINIONS   OF   STATE    SUPERINTENDENTS. 

no  discretionary  power  except  snch  as  is  given  by  the 
statute  itself.  Hence  when  the  polls  have  not  been  kept 
open  four  hours  subsequent  to  nine  o'clock  A.  M.,  and  before 
sundown,  the  election  is  invalid. 

487.  When  the  Judges  and  Clerks  of  an  election  have 
not  been  sworn  (or  affirmed)  the  election  is  invalid. 

488.  In  the  election  provided  for  in  Section  1830  of  the 
Political  Code,  if  a  iiiajonty  vote  "Tax — Yes,"  the  tax 
must  be  levied.  In  the  election  provided  for  in  Section 
1880,  two-thirds  of  the  votes  cast  must  be  "  Bonds — Yes," 
in  order  that  the  bonds  may  be  issued.  (See  Section  1884, 
P.  C.) 

489.  Sec.  4,  Art.  II,  of  the  Constitution,  gives  to  the 
inmates  of  "  The  Veterans' Home  "  who  have  been  resi- 
dents of  that  portion  of  the  State  the  length  of  time  jjre- 
scribed  for  electors,  in  the  plainest  terms,  the  right  to  vote 
at  all  elections  authorized  by  law. 

490.  Tliere  is  no  provision  in  our  law  for  the  payment  of 
election  officers  at  a  school  election. 

491.  If  the  electors  of  a  district  failed  to  hold  an  elec- 
tion for  Trustee,  and  the  Superintendent  did  not  appoint 
prior  to  the  first  Saturday  in  July,  the  outgoing  Trustee 
could  attend  the  election  for  Clerk  of  the  Board,  and  vote 
for  such  Clerk.  According  to  Section  879  of  tiie  Political 
Code,  "  every  officer  must  continue  to  discharge  the  dii- 
ties  of  his  office  until  his  successor  ha.s  qualified." 

492.  There  is  no  law  that  allows  pay  to  officers  at  a  spe- 
cial school  election  or  at  a  regular  school  election. 

493.  Section  1597  of  the  Political  Code  has  not  been 
altered  or  amended,  hence  it  is  perfectly  legal,  in  districts 
having  less  than  live  hundred  census  children,  to  hold  an 
election  for  Trustees  between  the  hours  of  one  o'clock  p.  M. 
and  five  o'clock  p.  m.  The  polls  cannot  be  opened  before 
nine  o'clock  a.  m.,  but  they  must  be  opened  at  an  hour 
early  enough  to  enable  them  to  be  kept  open  four  hours 
before  sundown. 

494.  Attorney-Ceneral  Hart  has  rendered  the  opinion 
that  Section  10(57  of  tlie  Political  Code  does  not  apply  to 
elections  for  Scliool  Trustees.  In  case  of  a  tie  vote  then; 
is  no  t.'U'ctiou  and  a  vacancy  would  occur  which  must  be 
lillod  by  tlic  Superintendent. 


OPINIONS   or   STATE   SUPEKINTENlJENrs.  3;j.' 

495.  If  a  party  had  been  appointed  by  the  Superintend- 
ent to  fill  a  vacancy,  in  the  event  of  failure  to  elect  at  the 
time  appointed  by  law,  such  appointee  does  not  hold  over, 
but  either  he  must  be  reappointed  or  some  one  else  must 
be  appointed. 

496.  At  the  election  for  Trustees,  if  but  one  Trustee  is 
to  be  elected,  it  is  not  necessary  to  write  upon  the  ballot 
the  time  for  which  he  is  elected  ;  if  two  or  more  are  to  be 
elected  the  time  to  be  occupied  by  each  one  should  be 
specitied  on  the  ballots. 

497.  All  qualitied  electors  in  a  district  are  entitled  to 
vote  at  all  school  elections.  There  is  no  property  qualitica- 
tion  for  electors  in  California. 

498.  The  Superior  Court  is  the  only  power  that  can  de- 
clare an  election  illegal  or  void.  Neither  the  State  nor 
the  County  Superintendents  are  judicial  otficers  ;  they 
have  no  power  to  declare  an  election  illegal  or  void. 

499.  Neither  the  State  Superintendent  nor  any  County 
Superintendents  are  judicial  officers  ;  and,  hence,  cannot 
determine  the  legality  or  the  illegality  of  the  election  of 
Trustees,  These  are  matters  for  the  determination  of  a 
court  of  law. 

500.  The  election  of  a  Trustee  becomes  void,  and  the 
office  is  vacant  if  he  fails  to  (jualify  within  toi  (lays  after 
receiving  notice  of  his  election.  (See  Section  907  of  the 
Political  Code;  also,  Section  99(5,  Subdivision  9.)  Incase 
of  a  vacancy  the  Superintendent  must  appoint  a  party  to 
fill  it  until  the  next  general  election. 

501.  The  Attorney-General  has  heretofore  decided  that 
Section  1067  of  the  Political  Code  does  not  apply  to  elec- 
tions for  School  Trustees.  There  can  be  no  special  elec- 
tion for  Trustees. 

502.  If,  at  the  election  for  Trustees,  parties  receive  an 
equal  and  the  highest  number  of  votes,  there  is  no  election 
and  a  vacancy  occurs.  Section  1614,  Subdivision  1,  as 
amended  by  the  last  Legislature,  expressh'  states  that 
failure  to  elect  creates  a  vacancy. 

503.  In  case  of  a  tie  vote  for  Trustees,  there  is  no  elec- 
tion, and  a  vacancy  will  occur.  This  must  be  filled  by  the 
Superintendent  until  tlie  next  election.     The  ohl  Trustee 


35G  oriNioKs  of  state  superintendekts. 

does  not  hold  over  in  case  of  a  tie  ;  his  term  ceases  on  July 
1st,  subsequent  to  the  election. 

EPIDEMICS. 

504.  When  schools  have  been  closed  in  consequence  of 
the  prevalence  of  an  epidemic,  teachers  will  report  the 
time  taught,  even  though  it  be  less  than  eight  mouths.  A 
district  does  not  forfeit  its  right  to  its  apportionment  of 
the  public  moneys  when  less  than  six  montlis'  school  has 
been  taught  because  of  the  prevalence  of  an  epidemic  ; 
nor  is  the  balance  of  funds  to  be  reapportioned  in  such 
case  if  an  eight  months'  school  has  not  been  kept. 

505.  When  a  school  has  been  taught  in  an'y  district  less 
than  eight  months  in  consequence  of  the  prevalence  of  an 
epidemic,  and  there  is  a  surplus  of  funds  at  the  close  of  the 
school  year,  such  surplus  should  not  be  reapportioned. 
The  fund  remains  to  the  credit  of  the  district. 

506.  When  school  was  closed  in  consequence  of  an  epi- 
demic, and  the  teacher  had  taught  only  six  days  in  the 
month,  the  six  days  is  all  that  are  to  be  reported. 

507.  When  exercises  in  a  school  are  suspended  on  ac- 
count of  epidemics,  or  other  unavoidable  cause,  the  teacher 
cannot  be  required  to  make  np  the  time  thus  lost ;  nor  can 
any  reduction  be  made  in  the  salary  of  the  teaclier  in  con- 
sequence of  the  suspension  of  the  school. 

EXAMINATION,  CITT  BOARDS  OF. 

508.  The  amendment  to  Section  7  of  Article  IX  of  the 
Constitution  does  not  abolish  any  City  Board  of  Examina- 
tion. The  amendment  does  not  abolish  tlie  (^ity  Board  of 
Examination  of  the  City  and  County  of  San  Francisco;  but 
the  members  of  the  latter  Board  can  have  nothing  to  do 
with  the  examination  of  teachers  and  granting  them  eer- 
tilicates,  except  as  the  agent  of  the  City  lioard  of  Edu- 
cation. 

50J).  In  reply  to  the  inquiry  as  to  the  effect  of  Avhat  is 
known  as  the  Perry  amendment,  in  respect  to  the  powers 
of  City  Boards  of  Examination  to  examine  teachers  and 
issue  certiHcates,  I  have  to  state  tliat,  in  my  opinion,  such 
City  Bo;»,r(ls  have  no  power,  and  tiiat  under  the  Peny 
amendment  the  power  is  lodged  entirely  Mith  the  County 
Superintenilent  and  ('ounty  l>oards  of  Fiducation,  whose 
jurisdiction   in   this   matter  is  co-extensive  with  their  re- 


Ol'INIONS    OV   STATK    SU  PEUfNTKN  I 'KNTS.  1^57 

spcctive  counties.  But  in  the  event  the  County  Superin- 
tendent and  the  County  Board  of  Education  of  any  county 
approve  and  ratify  the  action  of  such  City  Boards  of  Ex- 
aminers in  examining  teachers  and  granting  teachers' 
certificates  within  the  jurisdiction  of  such  county,  the 
action  of  such  City  Board  is  thus  vitalized,  and  becomes 
the  action  of  the  County  Superintendent  and  County 
Board,  the  latter  thus  controlling  the  whole  suV)ject  mat- 
ter.    (Attorney-General  Ci.  A.  Johnson,  February,  1SS7. ) 

EXAMINATION  OF  PUPILS. 

510.  The  examination  and  graduation  of  pupils  from 
the  public  schools  is  one  of  the  (luties  of  the  County  Board 
of  Education.  In  the  seventh  subdivision  of  Section  1771 
of  the  Political  Code  the  law  says  :  "Diplomas  shall  be 
issued  only  to  pupils  who  have  passed  an  examination  pre- 
scribed by  the  County  Board  of  Education.  vSucli  diplo- 
mas shall  be  signed  l)y  the  President  and  Secretary  of  the 
County  Board  and  the  Principal  of  the  school."  In  sub- 
division two  of  Section  16'f)3,  the  law  says  that  the  County 
Board  shall  also  provide  for  conferring  diplomas,  at  the 
end  of  the  course  of  stud}^  in  the  grammar  giade,  for  those 
who  satisfactorily  pass  the  required  examination.  Here 
the  examination  is  prescribed  and  prepared  in  detail  by 
the  County  Board;  and  they  can  know  when  it  has  been 
satififactorUy  passed  only  by  making  the  examination 
through  connmittees  of  their  own  members,  or  else  through 
agents  in  whom  they  repose  confidence.  The  President 
and  Secretary  are  required  to  sign  the  diplomas;  and 
when  they  do  so  they  certify  to  the  fact  that  the  exami- 
nation has  been  satisfactoiily  passed  by  the  pupil  whose 
name  is  on  the  diploma;  this  they  can  do  only  wlien  satis- 
fied. 

511.  The  proper  parties  to  examine  the  papers  pre- 
pared by  pupils  in  examination  for  promotion  or  gradua- 
tion are  the  teachers  of  the  schools.  The  County  Boards 
of  Education  prepare  the  questions  for  examinations,  and 
may  review  the  work  done  in  crediting  the  papers  if 
they  deem  it  necessary.  There  is  no  specified  time  or 
place  in  which  or  at  which  the  papers  must  be  examined 
by  the  teachers.  The  County  Board  have  the  right  under 
the  law  to  prescribe  the  regulations  for  conducting  the  ex- 
aminations. 


o58  OriNlONS    OF    STATE    sr  I'KKINTEN  DKNTS. 

512.  The  examinations  for  diplomas  of  graduation  in 
cities  having  Boards  of  Education  must  be  conducted  by 
the  Citj^  Board,  and  not  by  the  County  Board  of  Edu- 
cation, 

518.  It  is  not  the  intention  of  the  law  that  the  Count}' 
or  City  Boards  of  Education  should  conduct  the  examina- 
tions for  either  promotion  or  graduation.  The  law  docs 
not  require  impossibilities.  In  my  opinion  it  would  be  an 
impossibility  for  Boards  of  Education  to  conduct  the  ex- 
aminations in  the  schools  of  their  respective  counties,  even 
were  tliey  to  spend  their  whole  time  in  the  work.  Section 
16G3  of  tlie  Political  Code  means  simply  that  these  Boards 
sliall  require  that  promotions  upon  written  examinations  or 
otherwise  shall  take  place  at  stated  periods,  at  least  once 
in  each  year;  and  also  shaAl  provide  for  conferring  diplomas 
at  the  end  of  the  course  of  study  in  the  (jrammar  grade 
upon  those  who  satisfactorily  pass  the  examination  which 
they  require.  The  law  does  not  even  demand  that  the 
Boards  shall  prescribe  the  examination  for  promotion;  but 
by  implication  does  require  the  Boards  to  preHcribe  the  ex- 
amination for  graduation.  [See  Section  1771,  subdivision 
7.]  Pi^escribe  is  one  thing;  conduct  is  quite  another  tiling. 
In  the  case  of  graduation  it  is  the  duty  of  the  Boards  to 
prescribe  tlie  examination,  and  to  satisfy  themselves  that 
the  examination  has  been  passed  in  a  satisfactory  manner. 
This  they  can  do,  as  it  is  generally  done,  by  requiring  the 
teachers  in  charge  of  the  schools  or  classes  to  conduct  the 
examination,  and  report  to  the  lioards.  This  report  may 
be  such  as  the  Boards  may  require  in  order  to  enable 
them  to  determine  that  the  examination  has  been  satis- 
factorily passed.  They  may  require  that  the  papers  of 
the  pupils  passing  the  examination  shall  be  forwarded  to 
them  for  their  inspection.  The  Boards  are  not  required  to 
examine  and  credit  the  papers;  nor  is  such  work  expected 
of  them.  The  Boards  can  transact  business  only  when  a 
quorum  is  present.  [See  Section  17()8.]  No  authority  is 
anywhere  given  to  hold  meetings  at  places  other  than  the 
county  seat.  By  Section  1770  of  the  Political  Code,  their 
meetings  must  be  held  at  the  county  seat,  and  must  be 
public.  They  must  meet  in  order  to  determine  whetlier 
the  examinations  for  graduation  are  or  are  not  satisfactory, 
for  this  is  business. 


OPINIONS   OF   STATK   SUl'KRINTKNDENTS.  3")0 

514.  A  Superintendent  lias  the  right  to  pay,  out  of  the 
amount  allowed  him  for  postage,  the  expressage  on  papers 
returned  to  him  from  the  teacher  to  whom  the  (juestions 
were  sent.  He  has  also  the  right  to  refund  to  the  teacher 
the  postage  which  the  teacher  has  paid  upon  such  papers. 

515.  County  Boards  of  p]ducatiou  have  no  power  to  re- 
(juire  pupils  to  take  an  examination  outside  of  the  limits 
of  the  district  in  which  such  pupils  reside.  Nor  can 
Boards  of  Education  justly  withhold  diplomas  of  gradua- 
tion from  the  grammar  or  high  schools  when  pupils  iiave 
satisfactorily  completed  the  course  of  study  prescribed  in 
such  schools. 

EXAMINATION,  OF  SCHOOLS. 

516.  There  is  no  definite  or  specified  construction  or  in- 
terpretation given  anywiiere  in  the  law^  to  that  subdivision 
of  Section  1543  concerning  "Visiting  and  examining 
schools."  Indeed,  it  would  be  quite  impossible  to  fix  just 
the  amount  of  time  to  be  given  by  the  Superintendent,  or 
to  fix  the  degree  of  thoroughness  of  the  examination.  It 
should  be  in  each  case  such  as  to  furnish  the  .Superin- 
tendent with  a  proper  basis,  for  one  thing,  for  properly 
grading  the  school.  For  another  thing,  it  should  be  sucli 
as  to  enable  him  to  be  perfectly  satisfied  that  the  teacher 
is  properly  performing  his  or  her  duties,  and  that  the 
State  and  the  district  are  receiving  an  adequate  return  for 
the  outlay  of  money.  Of  course,  different  schools  w^ill  re- 
quire more  or  less  time,  according  to  circumstances.  To 
fix  any  definite  time,  or  prescribe  any  set  form,  or  any  set 
limit  of  thoroughness  to  these  examinations,  would  be  to 
hamper  the  Superintendent  to  the  extent  of  almost,  if  not 
entirely,  defeating  the  objects  of  the  provision. 

517.  By  Section  1543  of  the  Political  Code,  Superin- 
tendents are  required  to  visit  and  examine  each  school  in 
their  respective  counties  at  least  once  in  each  year.  This 
implies  that  he  may  visit  them  as  many  times  as  in  liis 
official  discretion  he  may  deem  desirable. 

518.  By  subdivision  fifth  of  Section  1543,  it  is  made  the 
duty  of  County  Superintendents  to  visit  and  examine  each 
school  in  his  county  at  least  once  in  each  year.  Should 
they  not  do  so,  the  penalty  is  plain — they  lose  §10  from 
their  salary  for  each  school  not    visited.     The  Board  of 


360  OPINIONS    OF   STATE   SUPERINTENDENTS. 

Supervisors  have  no  option  in  the  matter,  but,  on  proof  of 
delinquency,  they  vuist  deduct  the  $10. 

519.  A  County  Superintendent  or  a  State  Superintend- 
ent or  a  County  Board  of  Education  can  step  into  any 
school-room,  and  without  consulting  the  teacher  in  any 
way,  proceed  to  examine  the  school.  The  very  intent  of 
superintendency  implies  this  power,  even  though  the  law 
was  siteiit.  A  local  Board  of  Trustees  cannot  prevent  the 
Superintendent  from  examining  a  scliool,  nor  from  direct- 
ing a  teacher  to  do  so  in  his  presence.  Nor  would  the  law 
demand  of  a  County  Board  tliat  which  is  impossible.  The 
County  Board  prescribes  the  examination;  yet  the  law  does 
not  say  that  they  shall  conduct  that  examination.  It  says 
that  they  shall  nqaire  an  examination  at  least  once  a  year 
for  promotion;  and  it  further  says  that  diplomas  shall  be 
issued  only  to  pupils  who  have  passed  an  examination  by 
the  County  Board.  If  County  Boards  liave  the  right  to 
prescribe  tlie  examination,  they  l)ave  the  right  to  pre- 
scrilie  everything  in  connection  with  the  examination  — 
the  time,  the  manner  of  conducting,  etc.  The  examina- 
tions are  not  limited  to  gi'aduation. 

EXAMINATION,  OF  TEACHERS. 

520.  After  an  examination  of  teachers  the  applicant  can 
demand  his  papers  for  inspection  by  himself  or  his  author- 
ized agent. 

521.  If  physiology,  music,  book-keeping  and  drawing  are 
required  to  l)e  taught,  it  goes  without  saying  that  teachers 
should  be  qualified  to  teach  them,  and  the  only  way  to 
ascertain  that  fact  is  by  examination. 

522.  A  County  l^oard  has  the  I'ight  to  reject  any  study 
in  case  of  an  applicant  for  a  teacher's  certilTcate  who  is 
suspected  of  fraud  in  the  examination. 

52.S,  The  Board  of  Education  should  not  admit  any 
party  under  eighteen  years  of  age  to  an  examination. 
Should  they  do  so,  and  should  the  party  so  admitted  re- 
ceive the  requisite  credits  to  entitle  him  to  a  certilicate,  it 
would  not  be  legal  to  grant  the  certificate  to  such  jmrty 
on  attaining  the  age  of  eighteen  years.  Having  admitted 
him  to  the  examination,  and  then  having  refused  to  grant 
him  a  certificate  upon  said  examination,  the  Board  settled 
the  (piestion  that  he  could  not  receive  a  certilicate  U[K>n 
that  examination. 


OPINIONS   OF   STATE   Sri'EKINTKNDKN TS.  3(>1 

524,  It  would  not  be  in  accordance  with  the  law  for 
County  Boards  of  Education  to  hold  examinations  for 
teachers'  certificates  more  than  twice  during  the  year. 
This  section  specifies  that  teachers'  examinations  must  be 
held  at  fixed  periods  and  semi-annually.  It  follows  that 
regular  meetings  must  be  called  for  this  purpose  and  no- 
tice given.  If  it  were  the  intention  of  the  law  to  author- 
ize more  than  two  examinations,  it  would  read,  "  must 
hold  at  least  two,"  etc. 

525.  A  party  under  eighteen  years  of  age  cannot  be  ad- 
mitted to  a  teacher's  examination. 

52(),  It  has  been  decided  several  times  by  the  State 
Superintendent  that  a  party  under  the  age  of  eighteen 
years  should  not  be  permitted  to  enter  a  teacher's  exam- 
ination. 

527.  There  is  nothing  in  the  school  law  or  in  any  statute 
of  the  State  which  authorizes  the  holding  of  a  special 
meeting  of  a  Board  of  Education  for  the  purpose  of  exam- 
ining a  candidate  for  a  special  certificate.  The  very  fact 
that  the  law  provides  for  the  issuance  of  temporary  cer- 
tificates precludes  the  right  to  hold  special  meetings  for 
this  purpose. 

528.  It  has  uniformly  been  held  by  this  office  that  par- 
ties under  tlie  age  of  eighteen  years  cannot  be  admitted  to 
teachers'  examinations. 

EXHIBITIONS,  SCHOOL. 

529.  When  Trustees  give  an  entertainment  for  the  bene- 
fit of  the  school,  and  refuse  or  fail  to  turn  over  the  proceeds 
to  the  County  Treasurer,  they  fail  to  fulfill  the  duty  which 
is  specifically  laid  down  for  them  in  Section  lOlT  of  the 
Political  Code,  subdivision  2.  And  every  willful  omission 
to  perform  any  duty  enjoined  by  lav/  upon  any  public  offi- 
cer is  punishable  as  a  misdemeanor  by  imprisonment  in  a 
county  jail  not  exceeding  six  months,  or  by  a  fine  not  ex- 
ceeding S500,  or  by  both,  except  in  cases  where  a  different 
punishment  is  prescribed  by  the  Code. 

EXHIBITS,  SCHOOL. 

530.  Bills  for  material  used  in  preparing  a  school  exhi])it 
at  a  County  Institute  may  be  paid  for  out  of  the  County 
Fund  after  an  eikdit  months'  school  has  been  maintained. 


362  OPINIONS    OF   STATE    SUPERINTENDENTS. 

EXPENSES,  NECESSARY. 

531.  Janitor's  services  and  wood,  during  those  seasons 
when  it  is  necessary  to  have  a  tire  in  the  school-room,  are 
to  be  included  amongst  necessary  expenses  mentioned  in 
Section  1543,  subdivision  3d,  for  which  the  Superintendent 
must  draw  his  requisition  on  the  County  Auditor,  upon 
the  order  of  the  Board  of  Trustees,  if  there  is  money  in  the 
fund  to  pay  it. 

EXPERIENCE,  TEACHERS.' 

532.  Nothing  in  our  law  excludes  service  as  a  teacher  in 
foreign  countries.  It  rests  entirely  with  tlie  County  Board 
whether  they  will  accept  it  or  not. 

533.  Experience  in  private  schools  is  credited  the  same 
as  that  in  public  schools.  To  obtain  a  life  or  an  educa- 
tional diploma  the  applicant  must  comply  with  all  the  re- 
quirements of  Section  1521,  subdivision  4.  The  affidavit 
of  the  applicant  must  be  tiled  in  the  office  of  the  State 
Superintendent,  along  with  the  recommendation  of  the 
Board  of  Education. 

534.  Experience  in  priv^ate  schools  can  be  recognized  by 
Boards  of  Education  when  recommending  applicants  for 
life  or  educational  diplomas. 

535.  Experience  in  either  private  or  public  schools  can 
be  considered  in  granting  diplomas ;  but  experience  in 
teaching  pupils  in  private  capacity,  and  not  in  schools,  can 
not  be  recognized. 

53G.  Experience  in  private  schools  can  be  considered  in 
estimating  the  experience  required  for  life  and  educational 
diplomas. 

FEES. 

537.  All  applicants  for  certificates,  other  than  tempo- 
rary, should  pay  the  fee.  Under  the  law  one-half  of  this 
money  goes  for  the  purchase  of  books  by  the  County  Super- 
intendent for  a  teachers'  library,  and  the  other  half  liolps 
to  form  the  County  Institute  Fund. 

538.  I  think  Section  1505  of  the  Political  Code  author- 
izes the  charging  of  a  fee  for  renewing  certificates  in  any 
county  of  California.  A  renewed  certificate  is,  in  effect,  a 
new  certificate. 

530.    Every  application   for  a   certificate,   i^xct^pt  in  the 


(([•INIONS    OK    STATK    SI' I'KUI  NTKM  »KNTS.  'Mu^ 

case  of  temporary  certificates,  miint  he  accompanied  by  a  fee 
of  two  dollars.  It  has  been  held  that  a  renewed  certificate 
is  a  new  certificate,  and  therefore  the  Board  should  collect 
the  fee  for  such  a  certificate. 

540.  The  renewal  of  a  certificate  is  practically  the  issu- 
ance of  a  new  certificate  and  the  usual  fee  for  issuing  a  cer- 
tificate should  l)e  charged. 

541.  According  to  Section  1565  of  the  Political  Code,  the 
City  Board  of  p]xamination  must  charge  a  fee  for  every 
kind  of  certificate,  except  temporary  ones.  This  fee  is 
payable  to  the  (.'ounty  Superintendent  before  the  applicant 
can  legally  enter  the  examination.  It  may  be  for  conven- 
ience collected  by  the  City  Superintendent  and  be  by  him 
paid  over  to  the  County  Superintendent.  W'iien  collected 
by  the  County  vSuperintendent,  it  must  be  paid  to  the 
County  Treasurer  to  the  credit  of  the  Teachers'  Institute 
and  Library  Fund.  The  County  Superintendent  is  named 
in  the  law  as  the  party  to  whom  the  fee  is  payable. 

542.  If  City  Boards  of  Examination  grant  certificates  on 
the  certificates  of  the  County  Board,  as  they  are  author- 
ized to  do  by  Section  1775  of  the  Political  Code,  the  pay- 
ment of  the  fee  required  by  Section  1565  would  be  neces- 
sar}^  and  vice  versa.  The  certificate  granted  by  a  City 
Board  of  Examination  or  Education  is  a  nex-  certificate, 
and  the  fee  must  be  paid  for  all  certificates,  except  tem- 
porary. 

543.  Boards  of  Education  are  not  at  liberty  to  charge  a 
fee  for  issuing  temporary  certificates.  Section  1565  specif- 
ically excepts  such  certificates. 

544.  It  is  not  the  intention  of  the  law  that  a  fee  shall  ])e 
collected  for  issuing  a  high  school  certificate  in  lieu  of  a 
grammar  school  course  certificate.  The  high  school  certif- 
icate is  issued  in  lieu  of  and  not  upon  the  grammar  school 
certificate  simply. 

545.  Tjnder  Section  1565,  Political  Code,  "each  appli- 
cant for  a  certificate,  except  temporary,  upon  presenting 
his  application,  must  pay  to  the  County  Superintendent  a 
fee  of  two  dollars,  to  be  deposited  to  the  credit  of  the 
Teachers' Institute  and  Library  Fund."  (W.  H.  H.  Hart, 
Attorney-General. ) 

546.  The   Attorney-General,  on   September  4th,   1S91, 


364  OPINIONS   OF   STATE    SUPERINTENDENTS. 

rendered  the  decision  that,  under  the  provisions  of  Section 
1565  of  the  Political  Code,  every  applicant  for  a  certiticate, 
except  temporary,  upon  presenting  his  application  must 
pay  to  the  Superintendent  a  fee  of  two  dollars,  to  be  de- 
posited to  the  credit  of  the  Teachers'  Institute  and  Library 
Fund. 

FLAGS,  SCHOOL. 

547.  If  a  district  has  maintained  an  eight  months'  school, 
the  Trustees  are  perfectly  justiliable  in  purchasing  a  Hag 
with  any  balance  that  may  remain  in  their  County  Fund. 

548.  The  County  Fund  may  be  used,  after  an  eight 
months'  school  has  been  taught,  for  the  purchase  of  Hags 
and  flag-poles. 

FRAUD,  EFFECT  OF. 

549.  If  the  funds  of  a  district  have  been  disposed  of  in  a 
fraudulent  manner,  action  can  be  instituted  to  recover 
them.  In  such  case  the  Trustees  are  personally  and  indi- 
vidually liable  for  the  money  fraudulently  expended. 

550.  If  a  Trustee  makes  false  entries  in  his  books  of  the 
district,  the  matter  should  be  presented  to  the  District 
Attorney  of  the  county.  According  to  Section  906  of  the 
Political  Code,  any  Trustee  can  be  removed  from  office  for 
malfeasance  in  office  by  the  decision  of  a  competent  court. 

FUNDS,  SCHOOL. 

55 L  State  and  county  school  moneys  must  be  used  ex- 
clusively for  the  support  of  schools  in  the  year  for  which 
the  apportionment  is  made  and  for  no  other  purpose  what- 
ever, until  an  eight  months'  scliool  has  been  maintained 
during  that  year. 

552.  After  an  eight  months'  school  has  been  taught,  if 
tiiere  is  an  unexpended  balance  in  the  County  Fund,  it 
may  be  used  to  pay  former  indebtedness,  or  for  the  suc- 
ceeding year. 

553.  The  State  School  Fund  must  be  used  for  tflie  pay- 
ment of  teachers'  salaries,  and  for  no  other  purpose. 

554.  Trustees  are  compelled,  when  there  is  sufficient 
money  to  th(!  credit  of  a  district  to  do  so,  to  maintain  an 
eight  months'  school  ;  and  the  closing  of  the  school  for  the 
year,  l)efore  an  eiglit  months'  school  has  been  taught,  in 
order  that  the  money  apportioned  to  the  district  may  be 


OPINIONS   OF   STATE   SUPEHINTKN DENTS.  .S()5 

used  for  some  other  purpose,  is  Jefraudinf,'  the  children  of 
the  district  out  of  the  provision  made  for  them  for  the  year. 
This  should  not  be  allowed.  Section  1621  of  tlie  Political 
Code  is  very  clear  on  this  point,  and  specifically  provides 
that  the  only  way  in  which  the  ri<4ht  to  use  any  balance 
of  funds  that  may  be  to  the  credit  of  a  district  at  the  end 
of  the  year  for  the  payment  of  outstanding  claims,  or  for 
the  year  succeeding,  is  to  have  maintained  a  school  for 
eight  months.  If  a  balance  cannot  be  used  for  the  pay- 
ment of  old  claims,  nor  for  those  to  be  created  in  the 
future,  it  cannot  be  used  at  all. 

555.  Any  balance  of  State  or  county  moneys  on  hand  to 
the  credit  of  a  district  at  the  close  of  the  year  must,  if  the 
district  has  failed  to  maintain  a  school  for  eight  months, 
be  reapportioned  among  the  districts  ot  the  county.  If  a 
district  failing  to  maintain  a  school  for  six  months,  whether 
the  funds  derived  from  the  State  and  county  are  sufficient 
or  not,  loses  its  right  to  any  apportionment  for  the  next 
year,  it  is  certainly  but  right  that  a  district  failing  to 
maintain  a  school  for  eight  months,  when  it  has  sufficient 
funds  to  do  so,  should  lose  the  benefit  of  any  balance  saved 
by  such  neglect  of  duty. 

550.  If  the  State  and  county  furnish  a  district  with  suf- 
ficient money  to  maintain  a  school  for  eight  months  in  the 
year,  the  Trustees  should  not  be  permitted  to  close  tiie 
school  at  the  end  of  six  months  and  use  the  money  thus 
saved  for  any  of  those  purposes  for  which  the  district  itself 
should  provide  the  funds. 

557.  In  accordance  with  Section  1621,  "if,  at  the  end 
of  an}'  year  in  which  an  eight  months'  school  has  been 
maintained,  there  is  an  unexpended  balance,  it  may  be 
used  for  the  payment  of  claims  against  the  district  out- 
standing, or  it  may  be  used  for  the  year  succeeding.''  Sec- 
tion 1622  provides  that  whilst  the  State  School  Fund,  ex- 
cept ten  per  cent,  for  libraries  [this  exception  is  now  out — 
J.  \V.  A.],  can  be  used  for  the  payment  of  teachers  only, 
the  County  Fund  may  be  used  for  any  of  the  purposes 
named  in  the  chapter.  Section  1617,  subdivision  3d,  spec- 
ifies, among  the  powers  and  duties  of  Trustees,  the  power 
"to  purchase  school  furniture  and  apparatus,  and  such 
other  tilings  as  may  be  necessary  for  the  use  of  the  schools."' 
The  only  question  then  is,  are  bells  and  organs  "  necessary 


366  OPINIONS  or  state  superintendents. 

for  the  use  of  schools  ?  "  This  is,  of  course,  largely  a  ques- 
tion of  personal  judgment.  Schools  having  been  main- 
tained for  a  length  of  time  sufficient  to  give  the  Trustees 
control  of  the  balance  of  the  funds,  the  payment  of  organs 
and  bells  would  come  within  a  legitimate  use  of  such  bal- 
ance of  county  funda.  The  balance  of  State  funds  they  have 
also  acquired  the  right  to  use,  but  only  for  debts  incurred 
on  account  of  salaries  for  services  rendered  by  teachers  of 
grammar  or  primary  schools,  or  for  payment  of  such  sal- 
aries during  the  next  school  year.  There  is  a  seeming  con- 
flict perhaps  between  Sections  1621  and  1622,  but  it  will 
be  found  upon  careful  reading  that  none  in  fact  exists. 
The  meaning  of  these  two  sections  is  that  no  balance  of 
either  State  or  county  moneys  can  be  used  by  the  Trustees 
if  a  school  has  not  been  maintained  eight  months,  but  that 
it  reverts  each  to  its  original  fund,  and  must  be  reappor- 
tioned to  the  various  districts  as  so  much  State  and  so 
much  county  money.  Tliat,  an  eight  months'  school  hav- 
ing been  maintained,  the  Trustees  have  the  power  to  use 
that  balance  in  the  same  manner,  and  in  that  manner  only, 
as  they  were  empowered  to  use  any  of  the  State  and 
County  Funds,  of  which  these  are  but  balances,  viz. :  the 
balance  of  State  moneys,  first,  for  the  clainis  against  the 
district  for  teachen^''  salaries  :  and,  second,  there  being  no 
such  claims  against  tlie  district,  to  be  carried  over  for  pay- 
ment of  teachevfi'  j^alaries  during  the  next  year.  The  balance 
of  county  moneys  may  be  used,  first,  for  the  payment  of 
legal  miscellaneous  claims  against  the  district;  and,  sec- 
ond, carried  forward  for,  as  the  law  expresses  it,  "any  of 
the  purposes  authorized  in  this  chapter."  (Superintend- 
ent F.  M.  Campbell,  1881;  Attorney-(Jeneral  A.  L.  Hart 
concurring. ) 

558.  The  Boards  of  Trustees  and  the  Boards  of  Educa- 
tion must  use  the  school  moneys  received  from  the  State 
and  county  apportionments  exclusivelij  for  the  support  of 
schools  for  the  school  year,  until  at  least  an  eight  months' 
school  has  been  maintained.  (See  Section  1621,  Political 
Code.)  Section  1622  prevents  the  use  of  State  money,  at 
any  time,  for  anything  other  than  teachers'  salaries. 

559,  "Teachers,"  as  used  in  Section  1858,  is  only  for 
the  purposes  of  apportionment,  and  it  may  happen  that 
from  a  large  census  roll  a  ilistrict  may  draw  an  apportion- 


OPINIONS   OF   STATE   SaPERINTENDEXTS.  367 

ment  from  two  "teachers" — that  is  simply  two  "five 
hundred  dollars,"  so  to  speak,  or  one  thousand  dollars— 
when,  by  a  small  attendance  from  any  cause,  only  one  ac- 
tual teacher  would  be  necessary.  "J'here  is  nothing  in  the 
law  to  compel  the  Trustees  to  employ  two.  Having  re- 
ceived funds  for  two  teachers,  and  the  necessities  of  the 
school  by  reason  of  large  attendance  requiring  that  two 
should  be  employed,  the  Trustees  have  no  rigid  to  employ 
but  one,  to  the  disadvantage  of  the  pupils;  and  if  they  do 
it  for.  the  purpose  of  saving  the  money  for  any  other  pur- 
pose, are  morallt/,  if  not  legally,  guilty  of  a  gross  misap- 
propriation of  funds,  and  of  a  great  wrong  upon  the  chil- 
dren of  the  district. 

560.  The  money  apportioned  to  the  various  districts 
from  the  balances  (Section  1G21)  forms  a  part  of  the  §500 
to  be  allowed  to  each  teacher  of  the  year.  The  object  of 
Section  1()21  is  to  prevent  Trustees  from  closing  schools 
earlier  than  eight  months  (having  sufficient  money  for  con- 
tinuing them  longer)  tliat  they  might  use  the  money  so 
saved  for  purposes  for  which  the  district  should  provide. 
The  Library  Fund  is  not  subject  to  this  abuse,  being  spec- 
ially pi'otected. 

561.  Under  no  circumstances  can  any  portion  of  the 
State  money  be  drawn  or  used  for  building  purposes.  All 
the  State  money,  except  the  ten  per  cent,  reserved  for  dis- 
trict school  libraries  [the  exception  no  longer  obtains — J . 
W.  A.]  must  be  applied  exclusively  to  the  payment  of  the 
salaries  of  teachers  of  primary  and  grammar  schools.  The 
County  Fund  must  also  be  exclusively  used  for  the  support 
of  schools,  until  an  eight  months'  school  has  been  main- 
tained. If  at  the  end  of  a  year  during  which  an  eight 
months'  school  has  been  maintained  there  is  an  unex- 
pended balance  of  county  money,  it  may  be  used  for  any 
of  the  purposes  named  in  Section  1621.  Among  the  pur- 
poses so  named  is  the  building  of  school-houses. 

562.  Private  schools  can  have  no  portion  of  the  public 
moneys  awarded  to  them.  Section  8  of  Article  IX  of  the 
Constitution  of  the  State  forbids  it. 

563.  A  Superintendent  writes  as  follows:  "Should  I 
allow  a  bill  to  be  paid  out  of  the  county  fund  for  insuring 
a  school -house,  before  an  eight  months'  school  has  been 

12 


368  OPINIONS   OF   STATE   SUPERINTENDEKTS. 

maintained  ?  The  district  has  money  enough  for  an  eight 
months'  school,  but  as  they  did  not  commence  in  time, 
they  will  not  have  time  enough  to  keep  eight  months  be- 
fore July  1st.  Now,  in  order  to  get  the  benetit  of  some 
of  their  money  that  would  otherwise  be  reapportioned, 
they  have  gone  on  and  insured  their  school-house,  and  the 
Trustees'  order  is  in  my  hands."  Section  1621  of  the 
Political  Code  provides  that  Trustees  must  use  the  State 
and  county  money  exclusively  for  the  support  of  schools 
for  that  year,  until  at  least  an  eight  months'  school  has 
been  maintained,  if  at  the  end  of  any  year  during  w^hich 
an  eight  months'  school  has  been  maintained,  etc.  In  the 
case  of  the  district  referred  to,  there  is  money  enough  to 
the  credit  of  the  district  to  maintain  an  eight  months' 
school,  but  owing  to  tardiness  in  opening  school,  there  is 
not  time  enough  to  keep  a  school  so  long  this  year.  The 
object  of  the  law,  as  expressed  in  Section  1621,  was  to 
prevent  Trustees,  having  money  enough  from  State  and 
county  to  keep  an  eight  months'  school,  from  closing  at 
the  end  of  six  months,  and  using  the  money  so  saved  for 
purposes  for  which  the  district  should  itself  raise  the 
money.  The  Trustees  in  this  case  took  the  time  from  the 
other  end  of  the  term.  It  would  be  a  dangerous  precedent 
to  establish,  that  the  object  of  the  law  could  be  defeated 
in  this  way.     The  bill  should  not  be  allowed. 

564.  There  is  no  provision  of  law  that  authorizes 
Trustees  to  give  notes  or  evidences  of  indebtedness  against 
a  district.  Section  1623  forbids  Trustees  from  contracting 
indebtedness  in  excess  of  the  school  money  accruing  to  the 
district  for  the  school  year  in  which  the  contracts  are 
made. 

565.  The  Attorney-General  holds  that,  if  a  district 
maintains  a  six  months'  school,  but  by  reason  of  wdiooping- 
cough  fails  to  maintain  an  cif/ht  montlis'  school,  the  balance 
on  hand  at  the  close  of  the  year  should  be  reapportioned. 
lie  holds  that  those  things  named  in  Section  1859  as  re- 
lieving from  the  penalty  for  failing  to  maintain  a  six 
months'  school  are  not  applicable  to  the  case  of  a  failure 
to  maintain  an  eight  months'  school,  as  set  forth  in  Sec- 
tion 1621. 

566.  The  1'rustecs  of  a  school  district  cannot  use  an  un- 
expended balance  for  other  purposes  until  an  ciglit  montlis' 


OPINIONS   OF   STATK    SUPERINTENDENTS.  369 

school  has  been  maintained.  A  certain  district  had  a  bal- 
ance of  .'?500  after  maintaining  an  eight  months' scliool  hist 
year.  It  is  now  closing  the  sixth  month  this  year.  The 
Trustees  caused  the  school-house  to  l)e  painted  this  winter, 
and  drew  an  order  on  the  County  Superintendent,  which 
tlie  County  Auditor  refused  to  audit,  on  the  ground  that 
an  eight  months'  school  had  not  been  maintained  this  year. 
The  Trustees  thought  that  under  Section  1()21  of  the 
school  law  they  could  use  the  balance  carried  over  from 
the  last  school  year  for  repairs  or  any  legitimate  purpose. 
The  8500  carried  over  from  last  year  became  a  part  of  the 
apportionment  this  year,  and  to  obtain  a  balance  available 
for  miscellaneous  purposes  this  year,  an  eight  months' 
school  must  be  maintained.     The  Auditor  was  right. 

567.  Superintendents  have  no  power  to  transfer  money 
from  the  State  fund  to  county  fund.  Such  power  would 
be  equivalent  to  that  of  power  to  violate  the  plainest  pro- 
vision of  law — an  inconsistency  which  cannot  for  a  mo- 
ment be  entertained.  Section  1622  prescribes  the  purpose 
for  which  the  State  fund  shall  be  used  exduswebj,  as  dis- 
tinguished from  the  purposes  for  which  the  county  fund 
may  be  used.  To  transfer  State  money  to  the  county  fund 
would  be  to  violate  this  plain  provision.  The  authority 
to  so  transfer  does  not  exist. 

568.  When  the  year  ends  in  which  a  school  has  been 
maintained  for  eight  months,  the  balance  of  the  school 
moneys  that  are  in  the  county  fund  may  be  used  by  the 
Trustees  for  any  of  the  purposes  which  are  or  might  have 
been  claims  outstanding,  up  to  the  time  when  they  shall 
determine  to  use  it  for  the  year  succeeding,  and  have  it 
merged  with  the  funds  for  that  succeeding  year.  If  the 
Trustees  have  caused  the  balance  on  hand  at  the  end  of  a 
school  year  to  be  merged  with  other  funds,  they  must 
wait  until  an  eight  months'  school  has  been  maintained  in 
the  succeeding  jear. 

569.  There  is  no  provision  of  law  which  permits  the 
diversion  and  use  of  the  moneys  of  a  fund  for  any  pur- 
poses other  than  those  purposes  for  which  that  fund  was 
created. 

570.  When  a  district  has  maintained  a  school  for  eight 
months  in  the  year  the  balance  on  hand  of  the  county  fund 


370  Ol'lNIONS   OF   STATE   SUPERINTENDENTS. 

can  be  used  to  pay  the  premium  upon  a  policy  of  insurance 
against  fire. 

571.  Under  Section  1621  of  tlie  Political  Code,  the  bal- 
ance on  hand  in  a  district  that  has  not  maintained  a  school 
for  eight  months  in  the  school  year  must  be  reapportioned, 
and  this  balance  cannot  be  used  to  pay  the  premium  on  a 
policy  of  insurance  against  fire. 

572.  Under  no  consideration  can  anj^  portion  of  the 
State  apportionment  be  used  for  the  improving  of  the 
school  grounds;  and  none  of  the  county  fund  can  be  used 
for  such  purpose  until  after  an  eight  months'  school  has 
been  maintained. 

573.  The  State  School  Fund  cannot  be  used  for  building 
under  any  circumstances. 

574.  The  county  fund  can  be  used  for  the  purpose  of 
building  a  school-house;  but  not  until  after  an  eight 
months'  school  has  been  taught. 

575.  Section  1621  of  the  Political  Code  does  not  conflict 
at  all  with  Section  18  of  Article  XI  of  the  Constitution. 
The  latter  forbids  running  in  debt  beyond  the  means  of 
paying.  Section  1621  is  intended  to  secure  an  eight 
months'  school  in  preference  to  other  objects.  The  Boards 
of  Trustees  and  the  County  Superintendents  will  know  the 
amount  of  funds  belonging  to  the  district  for  the  year — 
what  the  school  will  cost  for  eight  months,  and  the  bal- 
ance, if  any;  and  they  may  expend  the  balance  in  satis- 
faction of  obligations  which  they  entered  into  in  view  of 
that  balance. 

576.  After  an  eight  months'  school  has  been  taught,  the 
surplus  of  funds  can  lie  used  to  provide  outhouses,  and  to 
adorn  the  grounds  with  fruit  and  ornamental  trees  and 
shrubbery,  and  to  sow  the  grounds  with  grass  seed  ;  but 
these  expenditures  must  not  exceed  fifty  dollars. 

577.  If  a  school  has  not  been  maintained  for  eight 
months,  any  balance  remaining  to  the  credit  of  the  district 
must  be  reapi)ortioned  by  the  Superintendent.  The  sec- 
tion in  regard  to  the  close  of  school  on  account  of  fire  refers 
to  a  six  months'  school. 

578.  Sec.  1621  of  the  Political  Code  is  explicit  that  an 
eight  months'  school  must  be  maintained,  if  possible,  be- 
fore any  of  the  moneys  coming  from  the  State  and  County 


OPINIONS   OF   STATE   SUPERINTENDENTS.  371 

can  be  used  for  other  purposes.  If  there  are  things  which 
cannot  wait,  they  must  be  paid  for  out  of  revenues  derived 
from  district  taxation  or  miscellaneous  revenues.  A  bill 
for  insurance  can  lie  over  until  the  school  has  been  main- 
tained for  eight  months,  and  tlien  come  in  as  a  bill  out- 
standing. Doul)tless  the  policy  of  the  law  is  to  prevent 
Trustees  from  calculating  too  confidently  on  their  revenues, 
and  thereby  failing  to  secure  a  school  for  at  least  eight 
months. 

570.  The  funds  appropriated  for  one  fiscal  year  cannot 
be  used  to  defray  the  expenses  of  any  other  year.  The 
repairs  made  in  the  year  ending  June  30th,  1884,  must  be 
paid  out  of  the  funds  for  that  year.  The  expenses  for 
carrying  on  the  school  for  eight  months  must  come  first, 
and  then  outstanding  claims  for  the  year  may  be  liqui- 
dated, if  there  is  money  to  do  so. 

580.  The  Superintendent  has  no  means  of  determining 
liov)  much  money  is  remaining  in  any  fund  at  the  close  of 
the  year,  save  the  records  of  his  office.  The  money  shown 
by  the  records  to  be  remaijiing  at  the  close  of  the  school 
year  must  be  reapportioned.  This  may  cause  claimants 
some  delay;  but,  then,  they  might  have  avoided  the  delay 
by  a  prompt  rendition  of  their  accounts  in  the  last  school 
year.  The  policy  of  the  law  seems  to  he  two-fold  :  1st,  to 
secure  a  school  for  eight  months,  if  possible  ;  and,  2d,  to 
cause  a  prompt  settlement  of  accounts  annually. 

581.  After  the  State  fund  has  been  exhausted,  the  Trus- 
tees are  not  required  to  use  the  county  fund  exclusively 
for  salaries  until  an  eight  months'  school  has  been  taught. 
They  can  use  it  as  well  for  incidental  expenses  necessary 
to  the  support  of  the  school. 

582.  If  an  eight  months'  school  has  been  maintained,  the 
Trustees  can  rise  any  unexpended  balance  in  the  improve- 
ment of  the  grounds. 

583.  If  a  district,  after  maintaining  an  eight  months' 
school,  has  a  balance  on  hand,  the  Trustees  can  use  it  to 
pay  any  indebtedness  for  building  or  repairing,  or  in  any 
other  legitimate  way. 

584.  The  Trustees  of  a  district  have  no  right  to  draw 
upon  the  county  fund  of  their  district  for  the  purpose  of 
improving  the  school-house  or  other  school  property  until 
after  an  eiiiht  months'  school  has  been  taught. 


37*2  OPINIOXS   OF   STATE   SUPERIXTENDENTS. 

585.  After  a  school  has  been  maintained  for  eight  months 
in  any  year,  the  balance  of  the  county  fund  may  be  used , 
for  the  purpose  of  repairing  or  building  a  school-house,  or 
to  pay  off  any  outstanding  debts,  or  it  may  be  used  for  the 
succeeding  year. 

586.  There  is  no  way  under  the  law  by  which  State  fund 
can  be  transferred  to  county  fund. 

587.  After  an  eight  months'  school  has  been  maintained, 
Trustees  have  a  right  to  draw  upon  the  balance  in  the 
county  fund  to  pay  for  apparatus,  if  they  think  best,  or 
for  any  legitimate  claim  against  the  district. 

588.  The  State  money  must  be  used,  always,  for  the 
paj^ment  of  salaries  of  primary  and  grammar  teachers  and 
to  nothing  else.  It  is  better  to  pay  this  out  first,  and  tlien 
whatever  remains  at  the  close  of  the  year  will  be  available 
for  district  indebtedness. 

589.  Article  XI,  Sec.  18,  of  the  Constitution,  says  that 
there  cannot  be  expended  during  any  one  year,  for  any 
purpose  whatever,  more  than  the  appropriation  for  such 
year.  Hence  the  Trustees  of  a  district  cannot  keep  the 
school  open  after  the  money  is  exhausted,  and  draw  war- 
rants for  teachers'  salaries  payable  out  of  the  next  year's 
funds. 

500.  Under  no  circumstances  can  the  State  fund,  or  any 
portion  of  it,  be  used  for  any  other  purpose  than  the  pay- 
ment of  teachers'  salaries. 

590.^.  If  there  is  not  sufficient  money  in  the  school  funds 
of  the  current  year  to  continue  a  school  six  months,  the 
Trustees  are  not  at  liberty  to  continue  it  and  draw  upon 
next  year's  funds.  The  school  must  be  continued  by  tax 
upon  the  district  or  by  the  patrons  of  the  school,  in  what- 
ever way  they  may  deem  best,  otherwise  the  district  will 
not  be  entitled  to  any  apportionment  for  the  following 
year. 

591.  After  an  eight  months'  school  has  been  taught,  any 
moneys  remaining  on  hand  in  tlie  county  fund  can  be  ap- 
propriated to  the  payment  of  any  outstanding  claims 
against  the  district,  or  such  funds  can  be  used  for  the  suc- 
ceeding year  in  thepurcliase  of  such  things  as  may  be  nec- 
essary for  tlie  support  of  the  school  during  such  succeeding 
year.     If  Trustees  liave  the  right  to  purchase  an  unlini- 


Ori>flONS   OF   STATE   SUFERINTEN DENTS.  373 

ited  quantity  of  wood  when  such  wood  is  not  necessary, 
simply  because  they  can  get  it  at  cheaper  rates,  they  might 
extend  such  purchases,  not  to  the  succeeding  year  only, 
but  to  any  number  of  succeeding  years.  It  is  good  busi- 
ness principle  to  see  that  tlie  law  is  complied  with,  and  to 
see  that  the  funds  of  one  year  are  not  appropriated  to  tlie 
purchase  of  an  advance  supply  of  articles  for  the  succeed- 
ing year  because  such  articles  can  be  purchased  at  a  lo'w  er 
rate.     The  law  does  not  permit  any  such  action. 

592.  If  Trustees  expend  the  library  fund  for  furniture, 
or  for  any  purpose,  except  that  for  which  such  fund  is  pro- 
vided, they  violate  the  law  and  should  be  held  responsible, 

593.  Attorney-General  Hart  has  decided  that  the  law 
permitting  or  authorizing  the  temporary  transfer  of  moneys 
from  another  fund  to  the  school  fund  in  order  to  avoid  the 
necessity  for  teachers  discounting  their  warrants,  is  con- 
stitutional. The  County  Treasurer,  upon  request  of  the 
County  Superintendent,  can  transfer  sufficient  moneys  from 
any  fund  in  which  there  is  a  surplus,  the  same  to  Ije  re- 
placed when  the  taxes  are  collected. 

594.  Section  1621,  Political  Code,  provides  that  school 
moneys  received  from  the  State  and  county  apportionments 
must  be  used  exclusively  for  tlie  support  of  the  schools  for 
that  school  year  until  an  eight  months'  school  has  been 
maintained.  The  unexpended  balance  maybe  used  for  the 
year  succeeding.  (See  Section  18  of  Article  XI  of  the  Con- 
stitution.) The  Controller  formerly  made  the  apportion- 
ment in  August  and  February;  biit,  on  account  of  the 
installment  plan  of  paying  taxes,  it  has  been  changed  to 
July  and  January.  The  apportionment  made  in  July  by 
the  Controller,  and  in  August  by  the  Superintendent  of 
Public  Instruction,  is  from  the  funds  collected  during  and 
for  the  previous  fiscal  year.  The  Controller  is  right  in 
holding  that  the  Superintendent  of  Public  Instruction  can- 
not make  another  apportionment  of  State  School  Funds 
until  August  next.  The  State  School  Fund  is  described 
in  Section  4  of  Article  IX  of  the  Constitution,  and  em- 
braces moneys  raised  by  taxation  in  pursuance  of  Acts  of 
the  Legislature.  (Section  435,  Political  Code,  Statute  of 
1891,  p.  471.)  It  is  the  duty  of  Superintendent  of  Public 
Instruction  to  apportion  the  State  School  Fund.  (Subdi- 
vision 4,   Section   1532,   Statutes  of  1891,  p.  152.)     How 


374  OPINIONS   OP   STATE   ST^PERIlvTENDENTS. 

this  is  to  be  done  is  specified  in  Section  1858,  Political 
Code,  Vol.  5  of  Codes,  p.  47.  Such  apportionment  will  he 
available  for  the  present  fiscal  year,  and  will  occasion  but 
little  delay  in  drawing  warrants.  See  Section  8  of  Article 
XI  of  the  Constitution.  (Attorney-General  W.  H.  H. 
Hart,  April,  1892.) 

595.  The  State  and  County  School  Funds  cannot  be  le- 
gally applied  to  the  support  of  high  schools.  High  schools 
must  be  supported  by  a  special  tax  for  that  purpose.  See 
Sections  1()21  and  1665  of  the  Political  Code,  and  Statutes 
of  1891,  p.  161.     (Attorney-General  Hart.) 

596.  By  Section  1617  of  the  Political  Code,  Subdivision  2, 
Trustees  are  required  to  pay  into  the  County  Treasury  all 
moneys  collected  by  them  for  the  district,  Jrom  any  source 
whatever. 

597.  No  county  fund,  nor  any  other  fund  apportioned  to 
the  schools,  or  to  be  apportioned,  can  be  used  for  the  pur- 
pose of  paying  railroad  fare  of  any  parties  whatever.  If 
the  Trustees  or  Superintendents  allow  any  such  claims, 
they  plainly  violate  the  law,  and  can  and  should  be  held 
responsible. 

598.  There  is  no  law  which  authorizes  the  transfer  of 
funds  from  one  district  to  another,  in  the  case  of  children 
attending  school  in  districts  other  than  those  in  which  they 
reside.  The  increased  average  attendance  in  the  district 
in  which  they  are  permitted  to  attend,  takes  the  place  of 
transfer  of  funds. 

599.  The  Attorney-General  decided,  last  July,  that  the 
State  fund  apportioned  at  that  time  having  accrued  from 
taxes,  and  from  interest  on  bonds,  for  the  year  in  which 
the  taxes  were  levied,  and  the  interest  accrued,  belonged 
to  the  school  year  ending  June  :50th,  1892.  The  same  prin- 
ciple will  obtain  in  reference  to  the  apportionment  for  next 
July;  and  the  fund  then  apportioned  will  be  available  for 
the  school  year  ending  June  30th,  1893,  and  so  on  here- 
after. 

GOO.  Boards  of  Trustees  are  at  liberty  to  use  only  so 
much  of  the  county  fund  as  may  be  necessary  to  furnish 
such  supplies  as  are  absolutely  necessary  for  the  support  of 
the  school  until  after  an  eight  months'  school  has  been 
maintained.     After  the  eight  months'  school  the  county 


OPINIONS   OF   STATli   SUPKRINTKN  UENTS.  375 

fund  may  be  used  for  any  of  the  purposes  specilied  in  the 
sehool  law. 

GOl.  Under  the  law,  as  lately  amended,  no  part  of  the 
State  School  Fund  can  be  used  for  any  purpose  other  than 
the  payment  of  the  salaries  of  teachers.  No  part  of  it  can 
be  used  to  pay  an  outstanding  indebtedness  for  apparatus. 

G02.  It  is  the  duty  of  Boards  of  Education  and  Boards 
of  Trustees  to  pay  all  moneys  collected  by  them  from  any 
source  whatever  for  school  purposes,  into  the  county  or 
city  treasury  to  credit  of  the  special  fund  of  the  city  or 
district. 

FURNITURE. 

603  Trustees  cannot  move  the  furniture  from  the  school 
when  the  school  has  been  located  by  the  people,  without  a 
vote  of  the  people.  If  they  refuse  to  obey  the  order  of  the 
Superintendent  to  replace  the  furniture  wrongly  moved, 
action  should  be  begun  against  them  for  the  purpose  of 
compelling  them  to  comply  with  the  law. 

GRADING  OF  SCHOOLS. 

604.  The  matter  of  grading  the  schools  is  entirely  in  the 
hands  of  the  Superintendent,  and  he  is  at  liberty  to  obtain 
the  information  necessary,  as  a  basis  for  intelligent  action, 
in  any  way  that  to  him  may  seem  best — by  actual  exam- 
ination, upon  the  report  of  the  Trustees,  upon  that  of  the 
teacher,  or  upon  all  these  combined.  As  a  general  prop- 
osition, it  would  be  manifestly  unsafe,  and  therefore  im- 
proper, invariably  to  grade  the  schools  in  accordance  wuth 
the  reports  of  the  teachers. 

605.  The  grading  of  the  schools  is  in  the  discretion  of 
the  County  Superintendent,  and  the  practice  is  different 
in  different  counties,  in  reference  to  the  number  of  pupils 
pursuing  studies  beyond  the  primary  grade. 

606.  Tliere  must  be  a  record  in  the  office  of  the  County 
Superintendent  showing  the  grade  of  all  schools  in  his 
county. 

607.  The  law,  Section  1543  of  the  Political  Code,  places 
the  grading  of  the  schools  in  the  hands  of  the  County  Su- 
perintendent; no  one  can  interfere  with  his  legal  discretion 
in  the  matter. 

608.  It  is  the  duty  of  the  County  Superintendent  to  grade 


376  OPINIONS   OF   STATE   SUrERINTENDENTS. 

schools,  aud  to  his  legal  discretion  the  matter  is  defined  by 
law.  The  State  Superintendent  has  not  power  to  interfere 
directly. 

609.  It  is  the  duty  of  the  Superintendent  to  grade  all 
schools;  but  whether  the  schools  shall  be  grammar  or  pri- 
mary is  left  to  his  discretion. 

610.  It  is  the  duty  of  the  County  Superintendent  to  grade 
the  schools.  (See  Section  1543  of  the  Political  Code,  Sub- 
division 16.)  It  is  left  to  his  judgment  what  number  shall 
be  the  minimum  for  a  grammar  grade, 

611.  It  is  the  duty  of  the  County  Superintentent  to  grade 
the  schools  of  the  county,  but  it  is  left  to  his  judgment 
what  number  shall  be  the  minimum  for  a  grammar  grade. 

612.  It  is,  by  Section  1543  of  the  Political  Code,  Subdi- 
vision 16th,  the  duty  of  County  Superintendents  to  grade 
the  schools.  The  whole  matter  of  grading  lies  with  them; 
and  there  is  nothing  in  the  law,  or  in  any  decision  from 
this  office,  that  determines  what  shall  constitute  a  gram- 
mar school. 

613.  The  matter  of  grading  schools  is  one  entirely  in  the 
discretion  of  the  County  Superintendent.  There  is  no  defi- 
nite number  designated  for  the  establishment  of  the  gram- 
mar grade.  The  Superintendent  can,  if  he  thinks  proper, 
grade  a  school  as  a  grammar  school  if  there  is  but  one 
grammar  pupil. 

614.  It  is  the  duty  of  the  County  Superintendent  to 
grade  the  schools  of  his  county.  The  matter  of  grading 
the  schools  r(;sts  entirely  in  his  discretion,  and  when 
graded,  teachers  who  hold  only  primary  certificates  cannot 
teach  in  schools  in  which  grammar  school  studies  are  re- 
quired to  be  taught. 

615.  A  school  having  l)een  graded  as  a  grammar  school, 
the  teaclier  who  has  charge  thereof  must  hold  at  least  a 
grammar  grade  certificate. 

616.  It  is  the  duty  of  the  County  Su])crintendents  to 
determine  the  grade  of  the  schools  under  their  charge. 

HIOH  SCHOOLS. 

617.  It  is  necessary  for  the  teachers  in  a  high  school  to 
hold  the  high  school  ctirtificate  provided  for  in  Section 
1791  of  the  Political  Code. 


OPINIONS  OF  STATE  SUPElllNTEN DENTS.  377 

618.  It  is  necessary  that  all  teachers  appointed  or  elected 
to  teach  iu  a  high  school,  should  have  high  school  certif- 
icates. Parties  holding  grammar  school  course  certificates 
are  entitled  to  have  higli  school  certificates  issued  to  them 
upon  presenting  the  grammar  school  course  certificate  for 
cancellation. 

619.  Grammar  school  course  certificates  are  no  longer  is- 
sued, the  grammar  school  course  having  been  abolished. 
Holders  of  such  certificates  heretofore  granted  are  entitled 
to  receive  high  school  certiticates  in  their  stead,  and  Boards 
of  Education  have  no  right  to  refuse  to  grant  high  school 
certificates  in  lieu  of  them  when  the}'  are  presented  for 
cancellation. 

620.  No  party  can  be  employed  to  do  high  school  work 
who  is  not  tiie  holder  of  a  high  school  certificate  in  full 
force  and  effect.  If  such  party  is  employed  the  Superin- 
tendent must  refuse  to  grant  a  requisition  for  a  warrant 
for  his  salary. 

621.  If  a  city  or  incorporated  town  has  1,000  inhabitants 
it  may  vote  to  establish  a  high  school  without  joining  with 
it  any  other  district.  If  such  city  or  incorporated  town 
has  not  1,000  inhabitants  it  cannot  by  itself  vote  to  estab- 
lish a  high  school,  but  it  may  solicit  other  districts  to 
unite  with  it  for  such  purpose. 

622.  Neither  a  City  Board  of  Education  nor  a  Board  of 
Trustees  have  any  authority  to  employ  a  teacher  to  do 
high  school  work  who  holds  no  higher  than  a  grammar 
grade  certificate.  Every  teacher  must  hold  a  certificate 
corresponding  in  grade  with  the  grade  of  the  school  in 
which  he  teaches.  The  teacher  holding  a  primarj^  certif- 
icate can  teach  only  in  a  primary  school ;  the  holder  of  the 
grammar  grade  certificate  can  teach  in  a  primary  or  a 
grammar  school ;  the  holder  of  a  high  school  certificate 
can  teach  in  any  school. 

623.  Two  or  more  districts  may  unite  for  the  purpose  of 
establishing  a  district  high  school  without  reference  to 
population.  The  clause  relative  to  1,000  inhabitants  applies 
to  cities  or  incorporated  towns. 

624.  The  action  of  a  majority  of  the  districts  petitioning 
for  a  union  high  school  binds  all  those  that  petitioned  for 
the  formation  of  the  high  school,  whether  their  vote  was 
in  favor  or  not. 


37S  OriNIONS   OF  STATE   SUPERINTENDENTS. 

625.  All  the  districts  of  a  county  may  unite  to  form  a 
union  high  school. 

6*26.  Boards  of  High  School  Trustees,  under  Section  6  of 
the  High  School  Act,  Statutes  of  1891,  page  183,  have 
power  to  "submit  to  the  electors  of  a  district  whether 
bonds  of  such  district  shall  be  issued  and  sold  "  for  the 
purposes  mentioned  in  Section  1880  of  the  Political  Code. 
(Deputy  Attorney-General  Sanders.) 

627.  The  proposition  to  establish  union  high  schools 
must  be  voted  upon  separately  by  the  districts  petitioning. 
If  a  majority  of  the  districts  vote  affirmatively  on  the 
proposition,  the  vote  binds  all  the  districts  petitioning. 

628.  The  law  does  not  authorize  the  admission  of  pupils 
of  the  eighth  grade  in  the  grammar  schools  to  the  high 
schools,  except  such  pupils  prove  themselves  capable  of 
prosecuting  the  high  school  course. 

629.  The  Board  of  Directors  of  a  union  high  school  have 
only  such  powers  delegated  to  them  as  are  specified  in  the 
Act  authorizing  the  establishing  of  such  schools.  The 
adoption  of  text-books  is  not  one  of  those  powers.  Hence 
tlie  text-books  for  such  schools  must  be  adopted  by  the 
County  Boards  of  Education. 

630.  Directors  of  county  and  union  high  schools  have 
power  to  make  such  regulations  for  the  schools  under  their 
charge  as  they  may  deem  expedient  or  necessary;  provided, 
such  regulations  are  not  in  contravention  of  law.  Hence, 
they  have  power  to  permit  pupils  in  such  schools  to  pur- 
sue special  studies  whenever  good  reason  exists  therefor. 

631.  No  party,  while  he  is  a  member  of  the  County 
Board  of  Education,  can  serve  as  Principal  of  the  county 
high  school  in  his  county;  in  doing  so  he  would  be  acting 
in  violation  of  Section  920  of  the  Political  Code. 

632.  Parties  holding  special  certificates  cannot  be  legally 
elected  as  Principals  of  high  schools. 

633.  If  the  average  attendance  in  any  high  school  for 
the  entire  time  for  wliich  the  school  has  been  maintained 
for  the  school  year,  after  the  first  school  year,  falls  to  ten 
or  /r.s.s-  than  ten,  the  Superintendent  shall  ^ispend  the 
school  in  the  high  school  district,  and  report  to  tlic  Board 
of  Supervisors.  U]»on  receiving  tliis  report  the  Supervisors 
shall  declare  the  district  lapsed.     (See  Subdivision  23d  of 


OPINIONS  OF  STATE   SUPERINTENDENTS.  379 

Section  IGTO  of  the  Political  Code,  as  amended  ]SIarcli  23, 
1893.) 

6.34.  The  Attorney-General,  as  well  as  the  .Superintend- 
ent of  Public  Instruction,  has  given  it  as  his  opinion  that 
a  High  School  Board  has  power,  under  the  law,  to  submit 
to  the  electors  of  the  high  school  district  whether  bonds  of 
such  district  shall  be  issued  and  sold  for  any  of  the  pur- 
poses named  in  Section  1880  of  the  Political  Code. 

635.  Teachers  employed  in  high  schools  must  hold  high 
school  certilicates. 

636.  High  schools  cannot  eml)race  primary  or  grammar 
grades;  nor  can  primary  or  grammar  schools  embrace  high 
school  grades.  The  primary  and  grammar  schools  are 
under  an  entirely  different  regime  from  that  of  the  union 
high  schools. 

637.  The  law  in  regard  to  the  establishing  of  county 
high  schools  does  not  rec^uire  a  majority  of  all  the  votes 
cast  at  a  general  election,  but  only  a  majority  of  the  votes 
cast  upon  the  particular  proposition  to  establish  a  high 
school. 

638.  There  is  no  provision  of  law  by  which  a  district  in- 
cluded among  those  voting  to  establish  a  union  high  school 
can  be  released  from  the  union  ;  nor  is  there  anything  in 
the  law  empowering  a  Board  of  Supervisors  to  change  a 
high  school  district. 

630.  A  teacher  holding  a  grammar  grade  certificate  can 
not  be  employed  to  teach  any  branches  in  a  high  school. 
The  certificate  must  always  correspond  in  grade  with  the 
grade  of  the  school. 

640.  A  teacher  holding  no  other  than  a  special  certif- 
icate cannot  be  legallj'^  elected  as  the  Principal  of  a  high 
school. 

641.  There  is  nothing  in  the  law  that  will  authorize  a 
Board  of  Trustees  to  close  a  school  at  an  early  hour  in  the 
afternoon  in  order  to  accommodate  a  high  school. 

HOLIDAYS. 

642.  It  is  not  lawful  to  make  up  lost  time  by  teaching 
on  holidays  or  Saturdays.  All  operations  of  State  institu- 
tions should  be  suspended  on  legal  holidays  ;  and  Section 
1697  of  the  school  law,  by  a  strong  implication,  seems  to 
exclude  Saturdays. 


380  OPINIONS   OF  STATE  SUPERINTENDENTS. 

643.  A  teacher  in  the  district  schools  is  entitled  to  pay 
whenever  a  holiday  falls  upon  a  school  day  as  though  the 
school  had  been  kept  on  that  day.  Whenever  a  teacher  is 
excused  from  work  by  the  other  contracting  parties,  or  by 
the  interference  of  the  statute  law,  it  is  no  fault  of  the 
teacher,  and  the  teacher  loses  no  right  thereby  under  the 
contract.  It  is  no  fault  ©f  the  teacher  that  work  was  not 
done  on  the  holiday,  and  the  teacher  was  present,  or  would 
have  been  present,  and  under  expenses  as  usual.  Under 
tlie  previous  State  administration,  the  Attorney-General 
decided  tliat  a  teacher  is  entitled  to  pay  for  holidays  hap- 
pening in  the  term  the  same  as  for  other  days. 

6-44.  The  Legislature  did  not  make  certain  days  holidays 
for  nothing.  When  the  law  was  passed  it  was  not  passed 
for  the  simple  purpose  of  whiling  away  their  valuable  and 
expensive  time.  But  when  they  called  the  days  mentioned 
in  Section  10,  Political  Code,  holidays,  their  expression 
became  a  law;  and  it  is  the  duty  of  all  Trustees,  public 
officers  and  citizens  to  obey  this  and  all  other  laws,  and  to 
see  that  they  are  observed.  All  schools  should  be  closed 
on  legal  holidays  ;  and  no  teacher  should  ignore  the  law 
and  teach  on  a  lerial  llolida5^  Teachers  have  a  right  to 
refuse  to  teach,  and  still  to  claim  pay  and  to  be  paid  for 
those  days.  In  a  case  decided  l)y  the  Chief  Justice  of  the 
State  of  Michigan  the  law  on  tlie  point  is  well  expressed. 
He  says  :  "In  regard  to  deductions  for  holidays  we  are  of 
opinion  that  school  management  should  always  conform  to 
those  decent  usages  which  recognize  the  propriety  of  omit- 
ting to  hold  piTblic  exercises  on  recognized  holidays,  and 
that  it  is  not  lawful  to  impose  forfeitures  or  deductions  for 
such  proper  suspension  of  labor.  Schools  should  conform 
to  what  may  be  expected  of  all  institutions  in  civilized 
communities." 

045.  Teachers  should  be  paid  for  legal  holidays  ;  and 
any  person  who  compels  them  to  teach  on  legal  holidays 
breaks  the  law;  and  if  they  teach  on  legal  holidays  they 
l)reak  the  law. 

f)4().  A  teacher  is  entitled  to  pay  for  Thanksgiving  Day 
and  Election  Day,  these  days  being  legal  holidays. 

()47.  Legal  holidays  are  to  be  counted  as  a  part  of  the 
time  to  be  taught ;  and  they  are  to  be  paid  f<»i-. 


OPINIONS    OF   STATE    SUrERI\T?:NDKNTS.  3S1 

618.  It  has  been  decided  over  and  over  by  the  courts 
throughout  the  United  States  that  teachei's  employed  in 
tlie  pul)lic  schools  are  entitled  to  pay  for  holidays,  although 
the  school  is  closed  on  those  days  ;  and  they  are  not  re- 
(|uired  to  make  up  those  days. 

649.  Teachers  are  employed  by  the  month  and  not  by 
the  day;  therefore  they  are  not  responsilile  for  the  loss  of 
time  caused  by  holidays.  They  should  neither  have  de- 
ductions made  from  their  salaries  nor  be  obliged  to  make 
up  the  time. 

650.  A  teacher  has  no  right  to  teach  on  legal  holidays, 
much  less  to  shorten  her  term  by  so  doing.  A  teacher  is 
entitled  to  pay  for  all  legal  holidays. 

651.  A  teacher  has  no  right  to  change  holidays  to  suit 
his  own  convenience.  The  law  creates  certain  holidays 
with  the  intention  of  having  those  days  observed. 

652.  In  case  of  a  holiday  during  any  school  month,  the 
teacher  should  count  the  month  as  consisting  of  nineteen 
days,  and  mark  the  column  for  that  day  "Holiday,"  mak- 
ing up  the  average  on  nineteen  days. 

653.  Trustees  have  a  right  to  declare  holidaj's,  when- 
ever they  think  proper  to  do  so,  but  they  have  no  right  to 
deprive  teachers  of  their  pay  for  such  days.  It  is  not  the 
teaclier's  fault  that  the  school  is  dismissed. 

654.  A  teacher  is  entitled  to  pay  of  salary  for  all  legal 
holidays,  and  for  holidays  ordered  by  the  Trustees  ;  but 
only  the  number  of  days  actually  taught  should  be  counted 
in  making  up  the  average  attendance. 

655.  If  a  teacher  is  paid  for  the  entire  twelve  months, 
the  Trustees  should  deduct  nothing  for  holidays  occurring 
in  a  vacation  of  the  school  ;  but,  if  the  teacher  receives 
pay  only  for  the  months  taught,  then  he  cannot  claim  any 
pay  for  holidays  occurring  in  vacation. 

656.  The  day  of  election  for  Trustees  is  not  a  legal  holi- 
day; but  the  teacher  should  receive  pay  for  the  day. 

657.  Holidays  should  not  be  counted  in  the  month.  If, 
during  the  month  of  April,  for  instance,  there  was  one 
holiday,  the  month  would  consist  of  nineteen  school  days, 
and  the  report  of  the  teacher  should  be  made  accordingly. 

658.  Teachers  employed  by  the   month  are  entitled  to 


382  OPINIONS   OF   STATE   SUPERINTENDENTS. 

pay  for  holidays.     Teachers  did  not  establish  holidays,  and 
they  are  not  responsible  for  them. 

659.  A  teacher  who  through  forgetfulness  or  who  pur- 
posely teaches  on  a  legal  holiday  is  not  entitled  to  demand 
djoti-a  pay  for  that  day.  He  is  entitled  to  his  pay  if  he  does 
not  teacli,  and  he  should  receive  no  more  if  he  does  teach. 

660.  Since  certain  holidays  have  been  established  by 
law,  it  is  understood  that  all  public  schools  are  to  be  dis- 
missed on  those  days,  and  it  would  be  contrary  to  the 
spirit  of  the  law  to  teach  on  those  days,  and  it  would  es- 
tablish a  bad  precedent  to  substitute  other  days  for  them. 
If  a  teacher  could  make  such  a  change  for  one  day,  he 
could,  wath  as  much  propriety,  make  a  change  for  any 
week  when  it  did  not  suit  his  convenience  to  teach,  and 
thus  vary  the  time  of  the  whole  term.  Trustees  have  no 
legal  right  to  allow  it,  and  they  ought  to  deduct  tlie  salary 
of  any  teacher  for  the  day  taken  in  substitution  for  a  legal 
holiday. 

661.  Teachers  have  no  right  to  teach  on  legal  holidays 
and  count  such  time  as  extra,  thereby  shortening  the  term 
by  so  many  days.  They  might  as  well  claim  that  they 
have  a  right  to  teach  on  Sundays  and  count  that  time  as 
part  of  the  term.  County  Superintendents  should  dis- 
countenance such  a  course,  and  Trustees  should  not  al- 
low it. 

662.  The  Trustees  can  grant  a  holiday,  and  make  any 
arrangements  to  have  the  time  made  up  which  do  not  con- 
flict with  the  provisions  of  Section  1673  of  the  Political 
Code. 

663.  Teachers  cannot  be  required  to  teach  extra  time  to 
make  up  for  legal  holidays  occurring  during  any  school 
month. 

664.  Should  a  legal  holiday  occur  during  any  school 
month,  the  school  month  is  reckoned  at  nineteen  days,  and 
the  percentage  of  attendance,  average  daily  attendance, 
and  average  number  belonging  are  estimated  on  this  basis. 

665.  Holidays  must  not  be  considered  as  "days  taught." 
To  so  consider  them  would  make  a  false  showing,  and  this 
we  cannot  afford  to  do.  If  a  holiday  occurs  in  any  school 
month,  count  nineteen  days  in  making  reports. 


OPINIONS   OF   STATE   ST PERINTENDENTS.  383 

(566.  When  holidays  occur  during  any  school  month,  the 
teaclier  is  entitled  to  pay  for  such  holidays. 

667.  Holidays  are  established  by  law,  and  the  schools 
should  be  closed  upon  those  days.  The  Trustees  have  no 
right  to  order  the  school  to  be  kept  open  thereon.  If  a 
holiday  falls  upon  a  Sunday  the  day  following  is  a  holiday 
and  the  school  should  l)e  closed  thereon.  Teachers  have 
no  right  to  teach  on  holidays,  and  hence  have  no  right  to 
demand  pay  for  teaching  tliereon.  No  day  can  be  counted 
as  two  days.  In  making  average  number  belonging  and 
per  cent,  of  attendance  count  only  the  days  actually 
taught,  excluding  holidays.  Teachers  in  reporting  to  the 
Superintendent  should  count  holidays  as  holidays  and  re- 
port the  holidays  in  the  column  provided  for  that  purpose. 

668.  It  is  not  proper  to  conduct  the  exercises  in  any 
school  on  holidays.  The  intention  of  the  law  is  that  all 
schools  should  be  closed  on  holidays. 

669.  Trustees  cannot  legally  meet  on  a  legal  holiday  and 
transact  any  Vmsiness.  If  the  time  appointed  for  the  elec- 
tion of  a  Clerk  of  the  Board  falls  on  a  legal  holiday,  the 
Clerk  should  be  elected  on  the  Monday  following. 

670.  Teachers  have  no  right  to  teach  upon  legal  holidays; 
and  if  they  do  teach  on  those  days,  they  are  not  entitled 
to  any  extra  salary  for  so  doing.  They  cannot  teach  upon 
holidays  to  mako  up  lost  time.  They  are  entitled  to  pay 
for  all  legal  holidays,  and  for  all  holidays  ordered  by  the 
Trustees. 

671.  Teachers  have  no  right  to  teach  on  legal  holidays; 
on  those  days  the  schools  should  be  closed.  Teachers  can- 
not teach  on  a  holiday  and  then  take  some  other  day  as  a 
holiday.  Teacliers  cannot  collect  extra  salary  for  teaching 
on  a  holiday.  Trustees  have  no  right  to  require  a  teacher 
to  make  up  the  day  on  which  the  school  was  closed  in 
order  to  allow  the  children  a  holiday. 

672.  The  first  day  of  May  is  not  a  legal  holiday.  (See 
Section  10  of  the  Political  Code. ) 

673.  Teachers  cannot  be  required  to  teach  on  holidays, 
nor  to  make  up  holidays  by  teaching  extra  days.  They 
are  entitled  to  their  salary  for  holidays  ;  but  are  not  enti- 
tled to  extra  salary  if  they  teacli  on  such  days. 


384  OPINIONS   OF   STATE   SUPERINTENDENTS. 

INCORPORATED  CITIES  OR  TOWNS. 

674.  By  Section  1576  of  the  Political  Code,  "Every 
county,  city  or  incorporated  town,  unless  subdivided  by 
the  legislative  authority  thereof — that  is,  by  the  Board  of 
Supervisors,  or  Board  of  City  Trustees — forms  a  school 
district."  The  Supervisors  can,  upon  petition,  annex  to 
any  city  or  incorporated  town,  for  school  purposes  only, 
the  remainder  of  the  distrist  or  districts  from  which  said 
city  or  town  was  organized,  or  any  part  thereof;  and  when 
any  territory  shall  be  thus  annexed  to  a  city  or  an  incor- 
porated town,  the  Board  of  Education,  or  Board  of  School 
Trustees  of  said  city  or  town  shall  have  full  control,  for 
school  purposes  only,  of  the  territory  or  property  annexed. 

675.  There  is  no  decision  of  the  Supreme  Court,  or  of 
any  Court,  so  far  as  we  know,  in  reference  to  the  matter 
of  uniting  territory  lying  outside  of  cities  of  the  fifth  class 
to  said  cities.  The  entire  law  relative  thereto  is  contained 
in  Section  1576  of  the  Political  Code  and  Section  795  of 
"  An  Act  to  provide  for  the  organization,  incorporation 
and  government  of  municipal  corporations,"  approved 
March  13,  1883,  as  amended  March  10,  1891,  and  March 
23,  1893. 

676.  There  is  nothing  in  the  law  tliat  authorizes  or  em- 
powers a  Board  of  Supervisors  to  set  oflf  a  part  of  an  incor- 
porated city  into  a  district  outside  the  limits  of  the  incor- 
poration. The  authorities  of  such  a  city  may  subdivide  it 
into  districts  (see  Section  1576  of  the  Political  Code);  but 
unless  this  is  done,  every  incorporated  city  forms  a  school 
district.  By  the  same  Section  and  by  Section  795 of  "An 
Act  t(j  provide  for  the  organization,  incorporation  and 
government  of  municipal  corporations,"  approved  March 
13,  1883,  amended  March  10,  1891,  and  March  23,  1893, 
outside  territory  may  be  annexed  to  a  city;  but  nowhere 
is  autliority  given  to  exclude  or  set  off  territory  from  the 
incorporation. 

677.  Every  incorporated  city  or  town  forms  a  separate 
school  district  unless  subdivided  by  proper  authority. 
This  proper  autliority  is  the  legislative  authority  of  such 
city  or  town,  and  not  the  Board  of  Supervisors.  Section 
157(>  expr(!ssly  says  "  by  tin;  legislative  authority  thereof." 
The  Board  of  Supervisors  is  not  the  legishitive  authority 
of  a  city  or  town.     Tlie  Trustees  of  the  incorporation — 


OPINIONS    OF   STATE    SUPERINTENDENTS.  385 

not  the  School  Trustees — may  subdivide  the  incorporation 
into  districts;  but  there  is  no  law  that  empowers  either 
tlie  Board  of  Supervisors,  the  Board  of  Education,  or  the 
Board  of  School  Trustees  to  do  so. 

INDIAN  CHILDREN. 

678.  Trustees  of  a  school  district  are  not  required  to  do 
anything  for  the  Indian  children  residing  on  rancherias. 

079.  The  children  of  Indian  parents  who  are  taxed  are 
rightly  entitled  to  attend  the  public  schools,  unless  sepa- 
rate schools  are  established  for  them  as  provided  in  Sec- 
tion 1002  of  the  Political  Code.  If  the  Indian  children  are 
not  kept  in  cleanly  condition,  Boards  of  Trustees  are  em- 
powered l)y  Section  1002  of  the  Political  Code  to  exclude 
them  from  the  schools. 

680.  The  children  of  Indians  who  pay  taxes  are  rightly 
entitled  to  attend  tlie  public  schools. 

081.  I  am  of  opinion  that  the  children  of  Indian  parents, 
"  who  have  settled  upon  Government  land  and  have  U.  S. 
patents  therefor,"  are  "school  census  children"  within 
the  meaning  of  the  law.  See  Section  1002  of  the  Political 
Code,  as  amended.  Statutes  of  California  of  1891,  page 
100;  also  Wysinger  v.  Crookshank,  82  Cal.,  592.  (Attor- 
ney-General Hart.) 

682.  I  have  held,  and  Attorney-General  Hart  concurs  in 
opinion  with  me,  that  the  children  of  Indian  parents  who 
are  not  living  in  the  tribal  relation  are  entitled  to  be  en- 
rolled as  census  children;  especially  is  this  the  case  when 
tlieir  parents  have  proven  upon  lands.  The  property  of 
Indians  is  assessable. 

683.  The  children  of  Indian  parents  who  have  settled 
upon  Government  lands,  and  liave  U.  S.  patents  therefor, 
are  school  census  children  Avithin  the  meaning  of  the  law. 
The  children  of  Indian  parents  who  are  not  living  in  the 
tribal  relation  are  census  children. 

684.  If  the  parents  of  Indian  children  still  maintain 
their  tribal  relation,  the  children  are  not  entitled  to  attend 
the  public  schools,  unless  they  are  living  under  tlie  guard- 
ianship of  white  persons.  If  the  parents  have  given  up 
their  tribal  relation,  they  are  entitled  to  send  their  chil- 
dren to  the  public  schools,  except  as  provided  in  Section 
1662  of  the  Political  Code;  but  they  must  keep  their  chil- 


386  OPINIONS   OF  STATE   SUfERlNTEKDENTS. 

dren  in  proper  condition;  otherwise  it  is  proper  and  right 
for  the  Trustees  to  exclude  them  from  the  schools. 

INSTITUTES,  TEACHERS'. 

685.  Time  spent  by  the  teacher  in  attending  the  Insti- 
tute in  her  county,  and  legal  holidays  are  included  in  the 
eight  months.  A  school  in  which  the  teacher  taught  154 
days,  was  present  at  the  Institute  five  days  and  there  was 
one  holiday,  is  regarded  as  a  school  of  eight  months. 

686.  Teachers  have  a  right  to  demand  pay  for  the  time 
during  which  they  were  attending  at  the  Institute,  if  such 
time  was  within  the  time  covered  by  the  contract. 

687.  A  Superintendent  may  call  the  Institute  in  any 
part  of  his  county. 

688.  No  teacher  who  absents  himself  from  the  Institute 
is  entitled  to  pay  during  such  absence,  whether  employed 
in  teaching  or  otherwise.  The  law  says  plainly  that  every 
teacher  employed  in  a  public  school  in  the  county  must 
attend  the  Institute  and  participate  in  its  proceedings.  As 
a  penalty  for  non-attendance,  County  Boards  have  the 
power  to  revoke  the  teacher's  certificate  for  unprofessional 
conduct.  Prima  facie,  such  disobedience  of  the  law,  and 
contempt  of  the  summons  of  the  County  Superintendent, 
would  be  unprofessional  conduct,  and  it  would  be  incum- 
bent upon  the  accused  party  to  show,  in  any  particular 
case,  that  the  offense  did  not  amount  to  that. 

689.  The  organization  of  the  Teachers'  Institute  is  in 
the  discretion  of  the  County  Superintendent.  Generally 
he  would  consult  some  one  or  all  of  the  teachers;  but  he 
is  not  bound  to  do  so. 

690.  It  is  only  when  the  Institute  is  held  during  the 
time  that  teachers  are  employed  in  teaching  that  their  pay 
must  not  be  diminished  l)y  reason  of  their  attendance. 

691.  County  Boards  of  Education  have  the  right  to  re- 
fuse to  renew  the  certificates  of  persons  who  have  failed  to 
attend  the  Teachers'  Institute. 

692.  Section  1548  makes  it  the  duty  of  the  County  Su- 
perintendent to  report  teachers  who  fail  to  attend  the  In- 
stitute tf»  the  County  Board  of  Education,  and  it  is  clearly 
tlie  duty  of  the  Board  to  take  such  action  as  they  deem 
expedient  and  wise.     Absenting  one's  self  from  the  ses- 


OPINIONS    OK    8TATK   SUPKKINTENDENTS.  387 

sions  of  the  Institute  and  thereb}'  violating  the  law  is  un- 
professional conduct,  and  certificates  may  be  revoked  for 
unprofessional  conduct.  Sickness  should,  of  course,  ex- 
cuse a  teacher  from  attending. 

603.  The  Superintendent  must  report  the  names  of  all 
teachers  in  the  county  who  fail  to  attend  7'er/ularly  the 
sessions  of  the  Institute.  Any  teacher  failing  to  attend 
violates  the  law  as  laid  down  in  Section  1560;  and  this 
violation  should  be  regarded  by  the  Board  of  Education  as 
unprofessional  conduct,  and  be  dealt  with  as  such  accord- 
ing to  Section  1771.  There  is  no  law  for  the  suspension 
of  certificates  for  this  cause;  but  they  may  be  revoked.  A 
Superintendent  would  be  justified  in  withholding  a  war- 
rant, the  teacher  having  failed  to  perform  the  duties  re- 
quired by  law,  even  though  the  teacher  should  teach 
during  the  sessions  of  the  Institute. 

694.  While  the  law  does  not  require  that  a  County  Su- 
perintendent should  give  each  teacher  a  personal  notice  of 
the  time  and  place  of  holding  the  Institute,  it  is  desirable 
to  do  so,  because  many  of  the  teachers  do  not  take  coimty 
papers,  and  some  are  at  a  distance  from  the  county  seat. 
At  least  a  postal  card  should  be  sent,  so  that  none  may 
make  ignorance  of  the  time  and  place  an  excuse  for  non- 
attendance. 

695.  Sickness,  so  great  that  a  teacher  could  not  attend 
school  if  it  were  in  session,  fire,  and  flood  are  valid  ex- 
cuses for  absence  from  Institutes. 

696.  Section  1560  of  the  Political  Code  makes  it  o])liga- 
tory  upon  the  part  of  teachers  to  attend  the  Institute  in 
their  county.  If  a  teacher  declines  to  obey  the  law,  the 
County  Board  should  notify  such  delinquent  to  appear  be- 
fore it  and  show  cause  why  his  certificate  should  not  be  re- 
voked for  unprofessional  conduct. 

697.  Ill  health  should  not  be  regarded  as  a  valid  excuse 
for  failure  to  attend  the  County  Institute,  unless  the  alle- 
gation of  such  excuse  is  accompanied  by  a  physician's  cer- 
tificate to  the  effect  that  the  person  was  absolutely  too 
sick  to  attend  to  any  business  whatever. 

698.  A  teacher  who  fails  to  attend  the  County  Institute 
and  is  afterwards  excused  by  the  County  Board  is  not  en- 
titled to  any  pay  during  the  time  of  absence. 


4iib  OPINIONS   OF   STATE    SUPERINTENDENTS. 

699.  If  a  teacher  has  Ijeen  engaged  to  teach  a  certain 
school  in  a  county,  he  is  obliged  to  attend  the  Institute, 
even  though  his  school  has  not  opened  for  the  term. 

700.  If  a  teacher  has  been  engaged  to  teach  a  certain 
school  in  a  county,  he  is  not  entitled  to  salary  for  the  week 
during  which  the  Institiite  is  held,  unless  the  school  was 
to  commence  that  week, 

701.  If  a  teacher  has  been  engaged  to  open  school  on  a 
certain  date,  it  is  not  right  to  refuse  to  pay  him  for  the 
week,  if  he  was  prevented  l)y  the  Institute  from  opening 
school  on  that  date. 

702.  It  is  at  the  option  of  the  Superintendent  M^hen  the 
Institute  shall  be  held;  and  teachers  must  attend  it  wher- 
ever held. 

703.  Refusal  upon  the  part  of  a  teacher  to  speak  upon 
an  educational  topic  at  a  Teachers'  Institute  would  be 
justly  considered  "unprofessional  conduct."  The  law 
makes  it  the  duty  of  the  County  Superintendent  to  preside 
over  and  conduct  the  Institute,  and  it  also  makes  it  the 
duty  of  every  teacher  to  participate  in  the  proceedings  of 
such  Institute. 

704.  Duties  as  delegate  to  a  religious  convention  would 
not  be  a  sufficient  excuse  for  non-attendance  at  an  Insti- 
tute. 

705.  A  teacher  of  a  joint  district  should  attend  the  In- 
stitute in  the  county  which  has  the  greater  number  of 
pupils.  But  in  special  cases,  the  two  Superintendents  can 
make  such  arrangement  as  they  please  for  the  accommo- 
dation of  the  teacher.  But  it  sliould  be  well  understood 
between  tliem  ivhich  Institute  the  teacher  is  to  attend, 

706.  Teachers  are  not  entitled  to  pay  for  attending  the 
(/ounty  Institute  after  the  close  of  their  schools.  Section 
15()3  says  that  teachers  must  liavc  their  pay,  if  the  Insti- 
tute is  held  during  tlie  time  in  whicli  they  are  employed 
in  teaching.  If  tlie  Institute  is  held  during  the  last  week 
of  the  term,  the  teachers  are  as  clearly  entitled  to  pay  as 
if  it  came  during  some  other  week, 

707.  The  County  Superintendent  has  not  the  power  to 
excuse  a  teacher  from  attendance  upon  tlie  Institute.  He 
must  report  to  tlic  County  Board  tlie  name  of  every 
teacher  who  does  not  attend  the  sessions  regularly.     The 


OPINIONS   OF  STATE  SUPERINTENDENTS.  389 

law  gives  him  no  discretion  in  the  matter,  and  no  power 
to  excuse  from  attendance  thereon.  The  County  Board 
must  deal  with  absentees. 

708.  There  is  no  law  authorizing  Trustees  to  pay  the 
traveling  expenses  of  teachers  when  attending  Institutes. 
In  Section  15G8  of  the  school  law,  the  words  "their  pay 
must  not  be  diminished  by  reason  of  their  attendance  " 
have  reference  to  salary. 

709.  There  is  no  penalty  provided  in  the  law  for  failure 
on  the  part  of  a  Superintendent  to  call  an  annual  Institute 
in  his  county.  But  Superintendents,  before  entering  upon 
tlie  discharge  of  their  duties,  take  an  oath  to  support  the 
laws.     Failure  is  in  violation  of  such  oath  of  office. 

710.  Whilst  there  is  no  law  requiring  teachers  to  attend 
their  County  Institute,  occurring  during  the  time  that 
such  teachers  are  unemployed,  I  am  fully  satisfied  that  it 
is  their  duty  to  do  so.  The  mere  fact  that  a  vacation 
occurs  during  the  time  at  which  the  Institute  is  held  does 
not  absolve  a  teacher  from  compliance  with  the  law.  If 
the  teacher  is  not  employed  he  could  not  be  held  amenable; 
but  a  vacation  does  not  form  any  excuse  for  non-attend- 
ance. Section  1563  of  the  Political  Code  is  plain.  It  is 
supposed,  and  oiight  to  be,  that  teachers  in  our  schools 
are  willing  and  ready  to  do  all  in  their  power  to  better 
qualify  themselves  for  the  discharge  of  their  duties  to 
themselves  and  to  the  schools. 

711.  I  think,  under  Section  1791  of  the  Political  Code, 
Statutes  of  1891,  page  163,  city  teachers  are  emploj'ed  in 
the  public  schools  of  the  county  within  the  meaning  of 
Section  1560  of  the  Political  Code,  and  must  participate  in 
the  proceedings  of  the  County  Institute.  This  leads  me 
to  think  that  mider  Section  1565  of  the  Political  Code, 
each  applicant  for  a  certificate,  except  temporary,  upon 
presenting  his  application  must  pay  to  the  County  Super- 
intendent a  fee  of  $2,  to  be  deposited  to  the  credit  of  the 
Teachers'  Institute  and  Library  Fund.  (Attorney-General 
Hart.) 

712.  Teachers  in  joint  districts  may  elect  which  of  the 
County  Institutes  they  will  attend.  There  is  no  law  upon 
this  subject.  The  Superintendent  of  the  county  in  which 
they  do  not  attend  should  be  notified  of  their  intention  to 
attend  in  the  other  county. 


390  OPINIONS   OP  STATE  SUPERINTENDENTS. 

713.  The  claim  for  teachers'  salaries  during  the  session 
of  a  County  Teachers'  Institute  is  a  just  and  legal  one,  and 
must  be  paid.  Section  15G3  of  the  Political  Code  very 
clearly  states  the  matter,  and  Trustees,  as  such,  are  re- 
sponsible. 

INSURANCE. 

714.  A  sum  of  money  paid  to  the  Trustees  in  satisfac- 
tion of  a  policy  of  insurance  on  a  school-house  that  has 
been  burned  should  1)e  deposited  with  the  County  Treas- 
urer to  the  credit  of  the  biiilding  fund  of  the  district.  This 
is  what  would  be  done  with  a  building  fund,  however  de- 
rived, according  to  Section  1886  of  the  Political  Code. 

715.  The  Board  of  Trustees,  on  receiving  the  insurance 
money  for  a  school-house  destroyed  by  fire,  should  deposit 
it  in  the  County  Treasury  to  the  credit  of  the  district,  and 
it  should  be  drawn  only  by  the  Superintendent's  requisi- 
tion, made  on  the  order  of  the  Trustees,  accompanied  by 
itemized  bills,  according  to  Section  1543  of  the  Political 
Code. 

71G.  A  school-house  is  insured  for  $300  and  the  library 
for  $200;  all  is  consumed  by  lire,  and  the  policy  is  paid  in 
full.  The  $300  and  the  $200  respectively  should  be  placed 
in  the  County  Treasury  to  the  credit  of  the,  district — the 
former  to  the  credit  of  the  building  fund  and  the  latter  to 
the  credit  of  the  library  fund. 

717.  The  law  makes  it  the  duty  of  the  Board  of  Trustees 
to  have  control  and  to  care  for  the  property  of  the  district. 
The  insuring  against  tire  is  a  proper  care  and  precaution. 
The  premium  on  the  insurance  should  be  paid  from  the 
county  fund.  The  Attorney -General  agrees  with  this 
opinion. 

718.  A  Trustee,  acting  as  an  insurance  agent,  cannot 
solicit  insurance  upon  any  property  which  is  under  the 
control  of  the  Board  of  which  he  is  a  mend)er. 

719.  A  Trustee  who  is  an  insurance  agent  cannot  legally 
insure  the  school  property  in  his  district,  and  i-eceive  a 
commission  on  the  same. 

720.  According  to  Section  1G21  of  the  Political  Code, 
Trustees  cannot  use  tlic  school  moneys  received  from  the 
State  and  county  apportionments  for  any  purpose  other 
tlian  the   support  of  schools   for  the  current  year,  until 


OrlNlONS  OV  STATE  SUPERTXTEKDENTS.  391 

after  an  eight  mouths'  school  has  been  maintained.  Hence, 
an  eight  months'  school  must  l)e  taught  Ijefore  the  Trustees 
can  use  the  funds  for  tlie  purpose  of  insurance. 

INTEREST. 

721.  There  is  no  law  allowing  interest  on  deferred  pay- 
ments from  either  State  or  county  funds. 

JANITORS. 

722.  Trustees  are  required  to  appoint  a  suitable  person 
to  sweep  and  take  care  of  the  school-house,  and  if  they 
fail  to  do  so  the  Superintendent  may  appoint  a  person  for 
that  purpose. 

723.  The  Trustees  of  a  school  have  no  right  to  compel 
the  scholars  of  a  school  to  sweep  the  floor. 

724.  If  the  Board  of  Trustees  do  not  appoint  a  janitor 
to  keep  the  school-house  clean,  the  teacher  has  not  the 
authority  to  require  pupils  to  do  so.  Section  20  of  the 
Rules  and  Regulations  of  the  Public  Schools  of  California, 
and  Subdivision  7th  of  Section  1617  makes  provision  in 
such  a  case. 

725.  Boys  cannot  be  required  to  carry  water,  nor  can 
pupils  be  required  to  take  home  towels  to  be  washed. 
These  are  duties  that  belong  to  the  janitor. 

72(5.  When  no  specified  sum  has  been  agreed  upon  be- 
tween Trustees  and  janitor,  and  no  payment  has  been 
made  for  two  or  three  years  for  want  of  funds,  after  an 
eight  months'  school  has  been  maintained,  the  Trustees 
can  pay  him  out  of  any  balance  remaining  in  the  county 
fund. 

727.  The  rule  originally  passed  by  the  State  Board  al- 
lowing teachers  to  require  pupils  to  sweep  the  school-house, 
was  repealed  by  the  State  Board  of  Education,  in  accord- 
ance with  a  decision  of  the  Attorney-General,  rendered 
December  15th,  1888,  in  which  he  said:  "It  is  inconsist- 
ent with  the  laws  of  this  State  for  the  Board  to  make  a 
rule  which  dispenses  with  one  of  the  duties  of  Trustees,  as 
provided  by  law,  to  employ  a  janitor.  ' 

728.  A  teacher  has  no  right  to  insist  upon  pupils  doing 
janitorial  work. 

729.  Children  attending  school  cannot  be  compelled  to 
chop  wood;  this  is  the  duty  of  the  janitor. 


392  OPINIONS   OF  STATE   SUPERINTENDENTS. 

730.  A  janitor  should  keep  the  school  building  and  yard 
in  an  orderly  and  cleanly  condition.  He  shoiild  bring 
wood  and  "water  where  necessary,  make  tires,  etc.  These 
duties  should  be  performed  as  often  as  the  nature  of  the 
M'ork  may  reqiure. 

731.  When  the  Trustees  and  the  Superintendent  fail  to 
appoint  a  janitor,  the  teacher  cannot  legally  claim  pay  for 
the  services  without  a  special  agreement.  It  would,  how- 
ever, be  a  matter  of  justice  to  allow  a  teacher  pay  for  the 
work. 

732.  If  through  the  neglect  or  refusal  of  Trustees  to  ap- 
point janitors  for  the  schools  the  Siiperintendent  is  com- 
pelled to  appoint  them,  the  Trustees  cannot  refuse  to  issue 
orders  for  the  payment  of  such  janitors. 

733.  The  law  requires  Boards  of  Trustees  to  appoint 
janitors,  and  directs  the  Superintendent,  in  case  they  do 
not,  to  appoint. 

733^.  The  janitor  of  a  school  has  no  right  to  open  the 
rooms  of  the  school  ])uilding  for  the  admission  of  pupils. 
In  order  that  the  school  property  may  be  properly  cared 
for,  the  janitor  should  l)e  held  responsible,  and  the  rooms 
should  not  be  left  in  such  condition  that  any  parties  can 
enter  them,  except  under  the  notice  of  the  Principal  or 
teachers.  The  Principal  has,  and  of  right  ought  to  have, 
the  charge  of  the  school  building.  It  would  be  entirely 
unreasonable  to  say  the  Principal  should  not  have  keys  to 
the  rooms  of  the  school  l^uilding.  The  Principal  has  the 
right  to  direct  the  janitor  in  reference  to  his  work.  For 
any  Board  to  make  a  rule  making  the  janitor  independent 
of  the  Principal  would  be  unreasonable  and  wrong. 

734.  The  Clerk  of  a  Board  of  Trustees  has  no  authority 
to  employ  a  janitor  for  the  school  ;  the  duty  belongs  to 
the  Board  of  Trustees.  If  the  Trustees  fail  or  refuse  to 
appoint,  the  Superintendent  of  Schools  must  do  so.  (See 
Sections  1007  and  1543,  Sul)division  12.) 

KINDERGARTENS. 

735.  The  only  law  relating  in  any  way  to  kindergarten 
work  is  that  contained  in  Section  1G17,  Sul)division  9,  and 
Section  10(52.  Infercntially  tliis  gives  to  Boards  of  Edu- 
cation and  Boards  of  Trustees  in  cities  and  towns  the  right 
to  establish  kindergarten  schools,  and  the  Trustees  would 


OriNIONS   OF   STATK    SrrEK[NTK\I)KNTS.  393 

liave  the  right  to  purchase  such  material  out  of  tlie  county 
fund  as  they  may  deem  necessary  for  the  conduct  of  the 
schools. 

730.  The  law  provides  that  in  cities  and  towns  in  which 
the  kiiidergarten  has  been  established,  children  of  four 
years  may  be  admitted.  There  is  no  provision  in  the  law 
for  excluding  any  children  from  being  counted,  in  making 
the  average  attendance,  who  are  lawfully  entitled  to  attend 
a  school. 

LAND,  DEDICATION  OF. 

737.  If  land  has  been  dedicated  for  school  purposes,  and 
has  been  accepted  by  the  district,  the  dedication  cannot 
be  revoked  ;  the  district  can  hold  the  land,  even  though 
the  dedication  and  acceptance  were  oral  or  merely  implied 
from  the  conduct  of  the  parties.  (See  Garpenteria  School 
District  v.  Heath,  oG  Cal.,  478. — Oregon  Sanders,  Second 
Deputy  Attorney-General. ) 

LIBRARY  FUND. 

738.  The  library  fund  is  a  per  cent.,  not  less  than  live 
nor  more  than  ten,  as  indicated  by  the  Trustees,  taken 
from  the  county  fund.  This  fund  must  Ije  expended  in 
the  purchase  of  apparatus  or  books  which  have  been 
adopted  by  the  County  Board  of  Education,  and  for  no 
other  purpose  whatever. 

739.  Trustees  have  no  right  to  use  the  library  fund,  or 
any  part  of  it,  in  the  purchase  of  text-books  for  use  in  the 
school. 

740.  No  portion  of  the  library  fund  can  be  used  for  any 
such  purpose  as  the  purchase  of  furniture  any  more  than 
it  can  be  iised  for  building  the  school-house.  Under  the 
term  "apparatus"  are  included  such  things  as  maps, 
globes,  charts,  philosophical  and  chemical  apparatus,  etc. 
— distinctively  appliances  for  study.  Should  Trustees 
draw  an  order  upon  the  library  fund  in  payment  for  school 
furniture  of  any  kind,  the  law  would  not  justify  the  Su- 
perintendent in  drawing  a  requisition  upon  such  order. 

741.  There  is  no  law  which  authorizes  Trustees  to  pay 
the  Librarian  of  the  district  library.  In  Section  1017, 
Subdivision  11th,  power  is  given  the  Trustees  siniplj'  "  to 
appoint  District  Librarians,"  omitting  all  mention  of  com- 
pensation.    The  naming  of  District  Librarians  in  a  subdi- 


394  OPINIONS   OF   STATE   SUPERINTENDENTS. 

vision  by  itself,  carefully  omitting  all  mention  of  compen- 
sation, instead  of  including  it  among  the  employes  whose 
compensation  the  Board  may  "fix  and  order  paid,"  clearly 
indicates  that  the  Legislature  intended  that  the  Librarian 
should  serve  without  compensation. 

742.  In  case  of  the  division  of  a  district,  the  library 
would  not  be  divided,  but  would  remain  the  property  of 
the  old  district.  In  the  case  of  the  erection  of  a  second 
building  in  the  same  district,  the  Trustees  would  have 
power  to  divade  the  library  between  the  school diouses. 
(See  Section  1715  of  the  Political  Code.) 

743.  Under  Section  1712  of  the  Political  Code,  no  part 
of  the  library  fund  can  be  expended  in  the  purchase  of  arf 
organ. 

744.  According  to  Section  1712  of  the  Political  Code, 
the  library  fund  is  to  be  expended  for  "  books  for  a  school 
library  "  and  for  school  apparatus.  Text-books  for  teach- 
ers are  not  books  for  a  library,  and  therefore,  "text-books 
for  the  use  of  teachers  "  cannot  be  purchased  with  the  li- 
brary fund. 

745.  Neither  teachers'  desks  nor  library  desks  can  be 
purchased  with  the  library  fund. 

746.  Bookcases  being  furniture  cannot  be  purchased 
with  library  moneys. 

747.  Article  XI,  Section  IS,  of  the  Constitution,  pro- 
vides that  no  school  district  shall  incur  any  indebtedness, 
in  any  manner  or  for  any  purpose,  exceeding  in  any  year 
the  revenue  provided  for  that  year.  If  the  library  fund  is 
exhausted  the  Trustees  cannot  this  year  incur  any  liability 
or  indebtedness  for  the  year  to  come. 

748.  The  library  fund  cannot  be  used  for  the  purchase 
of  an  organ. 

749.  Liljrary  funds  to  the  credit  of  a  district,  and  not 
expended  at  the  end  of  the  year,  are  not  to  be  reappor- 
tioned. 

750.  The  library  fund  is  annually  taken  from  the  school 
fund,  and  cannot  be  seized  upon  for  redistribution;  it  is 
set  aside  for  a  specific  purpose. 

751.  It  would  be  illegal  for  the  Trustees  to  use  the  li- 
brary fund  for  the  purpose  of  purchasing  an  organ. 


OPINIONS   OP  STATE   SUPERINTENDENTS.  395 

752.  The  library  fund  cannot  he  used  for  the  purchase 
of  mottoes,  historical  engravings,  paintings,  or  portraits 
of  eminent  persons.  These  are  not  school  apparatus,  and 
the  law  says  the  fund  may  be  used  for  apparatus  and  for 
l:)Ooks. 

758.  Under  the  provisions  of  the  Constitution,  and  un- 
der the  general  provisions  of  law  bearing  upon  the  matter, 
the  Trustees  of  a  district  have  no  right  to  incur  any  in- 
debtedness, or  enter  into  any  contracts  in  excess  of  the 
money  on  hand  at  the  date  of  the  contract.  Hence  they 
cannot  purchase  more  Ijooks  than  can  be  paid  for  with  the 
money  in  the  fund  at  the  date  of  purchase. 

754.  The  Trustees  have  no  right  to  use  the  library  fund 
for  the  purchase  of  a  library  record  book.  It  can  be  used 
only  for  the  purchase  of  school  apparatus  and  for  books 
for  a  school  library. 

755.  The  library  fund  cannot  be  legally  used  for  any- 
thing but  the  purchase  of  library  books  and  apparatus, 
such  as  maps,  charts,  globes,  etc.;  not  /oi'  furniture. 

756.  The  County  Superintendent  not  only  has  the  right 
to  refuse  to  draw  a  requisition  in  payment  for  any  books 
for  the  district  library  which  are  not  on  the  list  adopted 
by  the  County  Board  of  Education,  but  it  is  clearly  his 
duty  to  draw  no  requisition  for  such  books. 

757.  The  balance  remaining  in  the  lilsrary  fund  at  the 
end  of  any  school  year  should  not  be  reapportioned.  The 
last  clause  of  Section  1621  evidently  does  not  mean  to  in- 
clude the  library  fund. 

758.  No  Board  of  Trustees  has  a  right  to  expend  from 
the  library  fund  more  money  than  the  year's  apportion- 
ment. 

759.  The  library  fund  cannot  be  turned  over  into  the 
general  fund  and  used  for  tlie  payment  of  teachers'  salaries. 
This  fvmd  can  be  used  only  for  the  purchase  of  such  books 
or  apparatus  as  may  have  been  adopted  by  the  County 
Board  of  p]ducation.  With  a  proper  teacher  the  school 
library  is  a  very  important  instrument  in  the  cause  of  pop- 
ular education.  If  a  child  is  only  taught  to  read  well  and 
to  read  good  books,  he  has  found  the  key  that  will  unlock 
to  him  all  other  knowledge.  Children  should  be  taught  to 
use  the  library.     Nothing  better  can  be  done  to  promote 


396  OPINIONS    OF   STATE    SUPERINTENDENTS. 

the  interests  of  education  in  a  district  than  to  secure  such 
a  teacher  as  will  direct  pupils  in  careful  reading. 

760.  Present  Trustees  cannot  make  contracts  binding 
upon  their  siiccessors  to  pay  out  the  library  fund  of  future 
years.  The  Attorney-Oeneral  says:  "No  school  district 
can  incur  any  indebtedness  or  liability  exceeding  in  any 
year  the  income  and  revenue  provided  for  it  for  such  year, 
except  as  provided  in  Section  18,  Article  II,  of  the  Con- 
stitution; and  persons  dealing  with  the  district  in  viola- 
tion of  this  section  must  take  their  chances  for  payment 
of  their  claims." 

761.  The  library  fund,  under  the  law,  can  be  used  only 
for  the  purchase  of  miscellaneous  library  books,  supple- 
mentary books,  or  apparatus,  adopted  by  the  County 
Board  of  Education.  It  is  not  lawful  to  use  this  fund  for 
the  purchase  of  school  books  for  the  pupils  of  the  district; 
such  books  can  be  purchased  only  with  county  fund. 

762.  There  is  no  authority  given  in  the  law  for  trans- 
ferring the  library  fund  to  the  scliool  funds,  or  by  whicli 
the  library  fund  can  be  used  for  any  purpose  other  than 
the  purcliase  of  library  l)Ooks  or  apparatus. 

76.S.  Trustees  have  no  right  to  appropriate  tlie  library 
fund  to  any  purpose  except  that  of  purchasing  library 
books,  including  books  for  supplementary  work,  and  for 
apparatus.  Text-books,  even  for  those  unable  to  purchase 
tliem,  cannot  be  paid  for  out  of  the  library  fuiul,  and  only 
such  books  or  apparatus  as  have  been  adopted  by  tlie 
County  Board  can  be  paid  for  out  of  this  fund. 

764.  A  district  cannot  be  held  liable  as  such  for  the  pay- 
ment of  any  indebtedness  contracted  in  excess  of  the 
school  moneys  accruing  to  the  district  for  the  school  year 
in  whicli  tlie  cf)ntract  is  made.  If  Trustees  contract  any 
lialjility  against  the  library  fund  of  the  district  in  excess 
of  the  moneys  apportioned  to  said  fund  for  the  school  year, 
the  Superintendent  should  refuse  to  issue  a  requisition  in 
payment  of  the  excess. 

LIBRARY,  SCHOOL. 

765.  A  teacher  sliould  bo  allowed  the  use  of  the  school 
lil)rary  witliout  (-liargc;.  Ho  is  tht;  proper  person  for  Li- 
l)rarian  during  tlu;  school  torni. 


OPINIONS    OF   STATE    SUPERINTENIjENTS.  397 

7G6.  When  a  new  district  is  cut  ofif  from  an  old  one  the 
Trustees  of  the  old  district  have  not  the  right  to  give  a 
part  of  the  library  books  to  the  new  district.  The  parents 
or  guardians,  by  petitioning  for  a  new  district,  voluntarily 
relin({uisli  all  right  to  the  property,  or  any  part  thereof, 
of  tlie  old  district.  As  well  might  the  Trustees  divide  the 
desks  and  other  furniture  as  divide  the  library. 

7G7.  No  books  can  be  purchased  for  school  libraries  ex- 
cept sucli  as  have  been  adopted  by  the  County  Board  of 
Education.  These  Boards  alone  can  make  lists  of  books 
and  apparatus  for  school  libraries. 

708.  The  Trustees  of  the  district  have  charge  of  the  dis- 
trict library.  The  State  Board  of  Education  has  left  tf) 
the  local  Trustees  the  designation  of  the  particular  days 
and  hours  when  it  shall  be  kept  open  for  drawing  and  re- 
turning books.  The  library  should  not  be  kept  open  onlif 
in,  vacations. 

700.  Under  Section  1715  of  the  Political  Code,  the  li- 
brary, when  practicable,  must  be  kept  in  the  school-house. 
The  Board  of  Trustees  have  not  the  ^Jower  to  keep  the 
books  elsewhere. 

770.  No  persons,  except  pupils  attending  the  school 
with  which  it  is  connected,  are  entitled  to  the  privileges 
of  the  district  library,  until  they  have  paid  the  fees  pro- 
vided for  by  the  rules  of  the  State  Board  of  Educaticm. 
The  Trustees  have  no  right  to  grant  any  person  the  free 
use  of  the  library.  The  parents  of  pupils  have  no  right  to 
draw  books  from  the  -library,  unless  they  have  paid  the 
fees  provided  for.  When  a  child  leaves  the  school,  the 
right  to  draw  books  from  the  library  ends,  unless  fees  are 
paid  for  the  privilege. 

771.  Writing  paper,  pens,  chalk  crayons,  slate  pencils, 
and  l)ooks  for  children  of  parents  unable  to  pay  for  them, 
should  be  paid  for  out  of  the  county  fund.  The  library  fund 
must  be  expended  in  the  purchase  of  school  apparatus  and 
books  for  a  school  library;  and  although  books  purchased 
for  the  children  of  parents  unable  to  pay  for  them  are  to 
be  kept  in  the  lil)rary  when  not  in  use,  they  are  not  books 
for  the  library,  but  books  for  children  of  this  class.  Nor 
are  the  other  articles  apparatus  under  the  interpretations 
of  that  term  made  by  the  different  Superintendents  of 
Public  Instruction  during  twelve  or  fourteen  years  past. 


398  OPINIONS   OF  STATE   SUPERINTENDENTS. 

772.  Unless  the  Penal  Code  is  on  the  list  of  books  pre- 
scribed  by  tlie  County  Board  of  Education,  it  is  unlawful 
to  purchase  it  with  the  library  fund. 

773.  The  law  makes  it  the  duty  of  the  County  Board  of 
Education  to  adopt  a  list  of  library  books,  etc.,  for  school 
libraries,  and  the  County  Superintendent  not  only  has  the 
le^al  right  to  refuse  to  draw  liis  requisition  for  books  or 
apparatus  not  on  such  list,  but  it  is  his  duty  to  refuse  to 
do  so. 

774.  A  school  has  no  chair  or  desk  for  the  teacher,  and 
no  bookcase  for  the  library.  It  is  most  certainly  the  duty 
of  the  Trustees  to  provide  a  chair  and  desk  for  the  teacher 
at  the  beginning  of  the  term.  They  should  also  provide 
some  kind  of  case  for  the  library,  as  the  law  makes  them 
accountable  for  the  proper  care  and  preservation  of  the 
library. 

775.  The  Trustees  cannot  remove  the  library,  furniture, 
etc.,  from  the  school-house  in  which  the  school  has  been 
maintained,  without  a  vote  of  the  district. 

776.  According  to  Section  1716  of  the  Political  Code, 
any  resident  of  a  scliool  district  is  entitled  to  obtain  books 
from  the  school  library  upon  payment  of  such  monthly  fee 
as  may  be  prescribed  by  the  Trustees.  If  no  fee  has  been 
l)rescribed,  residents  of  the  district  may  obtain  books 
without  charge. 

LIBRARY,  TEACHERS'  REFERENCE. 

777.  As  the  Superintendent  disburses  the  money  be- 
longing to  the  Teachers'  Reference  Library  Fund,  he 
should  be  tlic  person  to  select  the  books,  and  the  library 
should  be  kept  in  his  office,  where  the  teachers  can  have 
access  to  it. 

778.  One-half  of  the  Teachers'  Library  Fund  can  l)c 
used  in  defraying  tlie  expenses  of  County  Institutes;  the 
otlier  half  must  be  expended  for  books.  The  County  Su- 
perintendent is  tlie  proper  person  to  select  the  books. 

779.  Books  of  poetry  or  miscellaneous  prose  should 
not  be  included  in  the  Teachers'  Reference  Library.  If 
such  books  are  purcluised  with  the  Teachers'  Library 
Fund,  tlie  purposes  for  which  this  fund  was  estal)lished 
will  l)e  entirely  defeated.  It  was  the  distinct  intent  of 
this  law  to  found  a  teachers' 2>r(>/m7o?ia/  library,  which 


OPINIONS   OF   STATK   SUrEKINTKNDENT.S.  399 

would  give  them  access  to  a  wider  range  of  strictly  educa- 
tional literature  than  they  would  otherwise  have. 

780.  The  County  Superintendent  is  the  proper  person  to 
select  and  purchase  the  l)ooks  for  the  Teachers'  Reference 
Lilirary.  It  is  as  much  his  duty  to  select  the  books  which 
he  thinks  will  be  most  serviceable  to  the  teachers  of  his 
county  as  it  is  to  select  the  suljjects  and  arrange  the  pro- 
gramme for  his  Institute. 

781.  The  County  Superintendent,  under  the  law,  has 
charge  of  all  matters  connected  with  the  "Teachers' 
Reference  Library."  It  is  his  duty  to  select  tlie  books, 
purchase  and  pay  for  them  and  to  take  charge  of  them;  in 
short,  he  has  the  whole  control.  No  fee  can  be  charged; 
every  teacher  in  the  county  is  entitled  to  the  use  of  the 
library.  The  library  is  provided  for  the  use  of  the  teach- 
ers without  the  necessity  for  any  admission  fee,  or  fee  of 
any  kind  whatever. 

782.  The  County  Superintendent  of  Schools  has  entire 
charge  aild  control  of  the  Teachers'  Professional  Library, 
and  has  the  right  to  select  and  purchase  such  books  of  a 
professional  character  as  he  may  deem  advisable.  While 
such  is  the  case,  it  would  be  well  for  him  to  counsel  with 
the  County  Board  of  Education,  and  with  the  teachers  of 
the  county,  in  reference  to  the  selection  of  books,  they 
being  all  interested  therein. 

783.  The  intent  of  the  law  is  that  the  Teachers'  Liljrary 
Fund  shall  be  expended  for  Ijooks  that  particularly  apper- 
tain to  the  profession  of  teaching,  and  not  for  the  pur- 
chase of  such  reference  books  as  the  Encyclopedia  Brit- 
annica  or  for  any  other  reference  books. 

MEETINGS,  DISTRICT. 

784.  Meetings  for  the  purpose  of  relocating  school- 
houses  can  be  called  in  no  other  way  than  by  the  Board  of 
Trustees  in  the  manner  provided  in  Section  1617  of  the 
Political  Code. 

785.  Under  the  twentieth  subdivision  of  Section  1617  of 
the  Political  Code,  the  electors,  after  they  have  met  for 
the  purpose  of  discussing  the  business  before  their  body, 
may  adjourn  from  time  to  time,  as  found  necessary.  When 
they  finally  resolve  to  vote  upon  the  question,  the  vote 
may  be  taken  by  ballots  or  by  ayes  and  noes,  as  they  may 


400  OPINIONS   OF   STATE    SUPERINTENDENTS. 

determine.     If  the  electors  so  resolve,  they  can  adjourn 
till  evening,  and  finally  determine  the  matter  then. 

786.  A  meeting  duly  called  in  accordance  with  Section 
1617  of  the  Political  Code,  subdivision  20,  can  determine, 
by  a  r)iajoritii  vote,  the  change  of  location  of  a  school-house, 
and  place  it  wherever  in  the  district  it  pleases. 

787.  The  twentieth  subdivision  of  Section  1617  of  the 
Political  Code,  in  much  detail,  gives  the  length  of  notice, 
the  organization  of  the  meeting,  and  forbids  the  trans- 
action of  business  not  specified  in  the  call,  etc.,  etc.  A 
meeting  called  without  the  concurrence  of  a  majority  of 
the  Trustees  would  not  be  legal,  even  though  such  meet- 
ing should  be  directed  by  a  majority  of  the  electors  of  the 
district. 

788.  When  a  meeting  has  l^een  called  in  the  manner 
prescribed  in  Section  1617,  for  the  purpose  of  determining 
or  changing  the  site  of  school-houses,  or  concerning  the 
purchase  or  sale  of  lots,  and  of  building  school-houses,  the 
Trustees  should  sul)mit  their  ideas  and  plans  as  to  location 
and  architecture  of  the  school-liouse,  and  then  the  meeting 
can  approve,  amend  or  reject  those  plans,  and  give  their 
instructions  to  the  Trustees  as  to  entirely  diflferent  plans, 
should  such  be  preferred  by  the  meeting. 

789.  If  the  voters  of  a  district  have  voted  to  remove  the 
school-house,  it  is  the  duty  of  the  Trustees  to  carry  out 
the  will  of  the  people. 

790.  A  majority  of  one  is  sufficient  at  a  meeting  called 
by  the  Board  of  Trustees  for  the  purpose  of  selecting  a 
school  site,  and  the  piirchasing  or  leasing  of  sam3,  and  for 
the  building  of  a  school-house  thereon. 

791.  The  law  empowers  the  <[ualiHcd  electors  of  a  dis- 
trict, at  a  regularly  called  meeting,  to  instruct  the  Trustees 
as  to  the  use  of  the  school-house  for  other  than  school 
purposes.  (See  Section  1617  of  the  Political  Code.)  In 
the  absence  of  slicli  instruction  from  tlie  district,  tlic 
Trustees  can  decide. 

792.  Tlie  Trustees  may  be  instructed  by  the  (Qualified 
electors  of  a  district,  at  a  regularly  called  meeting,  as  to 
the  use  of  a  school -house  for  other  than  scliool  purposes. 
The  Trustees  should  hf)ld  the  parties  so  using  the  school- 
house  responsible  for  any  damage  to  it. 


OPINIONS   OP  STATE   SUPERINTENDENTS.  401 

798.  The  Trustees  are  in  all  cases  bouud  by  the  instruc- 
tions of  the  electors  of  the  district  when  given  at  a  meet- 
ing called  for  any  particular  purpose.  If  they  refuse  to 
comply  with  such  instructions,  there  exists  good  cause  for 
action  against  them.  (See  last  clause  of  subdivision  '20  of 
Section  1617  of  the  Political  Code.) 

794.  8id)di vision  20  of  Section  1617  of  the  Political  Code 
provides  that  "upon  petition  signed  l)y  a  majority  of  the 
heads  of  families  resident  in  the  district,"  the  Trustees 
"  7nu.st  call  meetings  of  the  qualified  electors  of  the  district 
for  determinitif/  or  changing  the  location  of  the  school- 
house;  and  the  Board  of  Trustees  shall,  in  all  cases,  l)e 
bound  by  the  instructions  of  the  district  meeting." 

795.  By  Section  1617  of  the  Political  Code,  subdivision 
20,  siibhead  1,  the  qualified  electors  of  a  school  district 
can  instruct  the  Board  of  Trustees  in  regard  to  tlie  use  of 
the  school -house  for  other  than  school  purposes;  the  meet- 
ing for  this  purpose  must  be  called  upon  a  petition  being 
presented  to  the  Trustees,  signed  l)y  a  majority  of  the 
heads  of  families  residing  in  the  district.  The  Trustees 
nnist  comply  with  the  instructions  given  by  said  meeting. 
The  Trustees  are  responsible  for  tlie  care  of  all  school 
property;  if  the  property  is  damaged  by  their  action  they 
are  responsible.  If  at  a  regular  or  special  meeting,  held 
as  required  by  subdivision  1  of  Section  1617  of  the  Po- 
litical Code,  a  majority  of  the  Trustees  vote  to  let  the 
school-house  for  other  than  school  purposes,  they  can  so 
let  it;  but  if  any  citizen  of  the  district  objects,  they  must 
not  let  the  building,  except  instructed  to  do  so  by  a  dis- 
trict meeting  duly  called. 

796.  The  Board  of  Trustees  are  bound  by  the  instruc- 
tions of  the  district  meeting  relative  to  the  changing  of 
the  location  of  the  school-house;  and  there  is  no  provision 
of  law  by  which  the  Board  can  locate  the  building. 

MEETINGS,  TRUSTEES. 

797.  Each  of  the  Trustees  must  have  notice  of  every 
meeting  in  order  that  their  action  may  be  valid.  If  all 
three  have  notice,  but  one  does  not  attend,  the  other  two 
can  act;  but,  in  order  that  their  acts  may  be  valid,  the 
one  who  remains  away  must  have  had  notice. 

798.  The  transactions  had  at  a  Trustees'  meeting,  which 


402  OI'INIONS   OF  STATE   SUPERINTENDENTS. 

was  liekl  without  giving  due  notice  to  all  of  the  Trustees, 
would  not  be  legal.  (See  Section  1617  of  the  Political 
Code,  subdivision  one.) 

799.  At  a  meeting  of  District  Trustees  it  was  decided  to 
hold  regidar  meetings  on  the  last  Friday  of  each  month, 
at  four  o'clock  p.  m.  According  to  Section  1G17  of  the 
Political  Code,  subdivision  one,  it  is  the  duty  of  the  Clerk 
to  send  written  notice  to  every  member  of  tlie  Board. 

800.  All  business  transacted  by  Boards  of  Trustees, 
except  in  meeUiujs,  either  regular  or  special,  is  illegal  and 
void. 

801.  A  Board  of  Education  and  a  Board  of  Trustees  are 
public  bodies.  Meetings  thereof  must  be  public;  and  any 
party  has  a  right  to  be  present  thereat. 

802.  According  to  Section  1G17,  subdivision  1  of  the 
Political  Code,  Trustees  must  transact  their  business  at 
regular  or  special  meetings  called  for  the  purpose,  notice 
of  which  shall  be  given  to  each  member.  If  this  law  is 
not  complied  with  any  business  transacted  is  illegal. 

803.  Trustees  must  transact  all  business  at  either  regu- 
lar or  special  meetings ;  otherwise  the  action  of  the 
Trustees  is  illegal  and  void.  (See  Section  1G17,  subdi- 
vision 1.) 

804.  No  action  of  a  Board  of  Trustees  is  legal,  unless  it 
is  had  at  a  regular  meeting,  or  at  a  special  meeting  of 
which  every  member  has  had  notice. 

MORALS  AND  MANNERS. 

805.  Section  1G67  of  the  Political  Code  requires  instruc- 
tion to  be  given  in  manners  and  morals;  also  on  the  nature 
of  alcoholic  drinks  and  narcotics.  This  does  not  require 
the  iise  of  text-1)ooks.  Text-books,  unless  ordered  by  the 
County  Board  of  Education,  are  not  imperatively  neces- 
sary if  tlie  teaclier  is  qualified  to  teach  without  tlieni, 

806.  The  amendments  to  Section  1GG7  of  the  Political 
Code  do  not  affect  the  giving  of  instruction  in  temperance, 
narcotics,  or  morals  and  manners.  This  section  should  be 
carefully  observed  by  all  teachers.  The  instruction  can 
be  given  as  well  and  even  better  by  oral  means,  as  tbrough 
the  medium  of  text-books.  It  is  not  the  intention  to  in- 
terfere in  any  way  with    temi)crauce  instruction  in  tht; 


OPINIONS   OF   STATE    SUPERINTENDENTS.  403 

schools;  on  the  contrary,  teachers  are  enjoined  to  be 
faithful  in  seeing  that  proper  instrnetion  is  given  in  these 
important  matters.  Children  should  not  only  l)e  tauglit 
tlie  nature  and  efl'ects  of  alcoholic  drinks  and  narcotics, 
but  they  should  be  nude  to  avoid  the  effects. 

MUSIC. 

807.  Tlie  teaching  of  music  is  compulsory.  The  word 
7nuM,  in  Section  1665  of  the  Political  Code,  does  not  mean 
may. 

808.  Instruction  must  l)e  given  in  music  and  drawing, 
according  to  the  course  of  study.  Any  teacher  Avho  fails 
to  carry  out  the  course  of  study  is  guilty  of  a  violation  of 
the  law,  and  should  not  be  entitled  to  her  salary. 

809.  It  is  imperative,  under  the  law,  that  music  should 
be  taught  in  all  schools,  and  it  is  the  duty  of  all  Superin- 
tendents and  Boards  of  Trustees  and  Boards  of  Education 
to  see  that  it  is  taught. 

NORMAL  GRADUATES. 

810.  Normal  school  graduates  are  entitled  to  first  grade 
certificates,  even  when  without  experience.  There  are 
none  without  the  efects  of  experience  in  handling  and 
teaching  classes  themselves,  and  in  observing  others  do 
the  same.  This  is  notal)ly  true  since  the  strong  develop- 
ment of  the  training  departments  required  by  the  Trustees 
of  these  schools.  The  normal  school  whose  graduates  are 
unworthy  of  first  grade  certificates  ought  to  have  a  change 
of  faculty,  or  else  be  closed. 

NORMAL  SCHOOLS. 

811.  There  is  no  law  districting  the  State  with  reference 
to  attendance  at  the  State  Normal  Schools. 

812.  Experience  had  by  a  teacher  while  a  member  of 
the  State  Normal  School,  as  a  pupil  in  such  school,  is  not 
recognized  by  the  State  Board  of  Education. 

81H.  No  normal  class,  except  the  normal  class  in  the 
San  Francisco  Girls'  High  School,  nor  normal  diploma, 
unless  granted  by  a  State  Normal  School  in  the  proper 
sense  of  that  term,  can  be  recognized  under  our  law.  The 
mere  fact  that  the  normal  class  is  connected  with  a  State 
University  does   not   signify,  unless   the    University  has 

13 


404  OPINIONS    OF   STATE   SUPERINTENDENTS. 

been  accredited  by  the  State  Board  of  Education,  as  pro- 
vided in  Section  1775  of  the  Political  Code. 

814.  Boards  of  Education  may  recognize  San  Francisco 
normal  class  diplomas,  but  they  are  not  compelled  to  do  so. 

815.  Section  1503  of  the  Political  Code,  as  amended 
^larch  23d,  1893,  has  reference  only  to  the  State  Normal 
Schools  of  California. 

816.  No  Board  of  Education  in  this  State  can  legally 
recognize  normal  school  diplomas,  except  such  as  have 
been  granted  by  State  normal  schools  in  the  United  States; 
nor  is  any  Board  authorized  to  grant  any  other  than 
primary  or  grammar  grade  certificates  upon  normal  school 
diplomas. 

OATH,  OF  OFFICE. 

817.  If  a  Trustee  does  not  sign  his  oath  of  office  within 
ten  days  after  receiving  notice  of  his  election,  his  election 
is  void,  and  the  Superintendent  must  appoint.  Even  if 
the  failure  to  sign  is  a  matter  of  mistake,  the  position  is 
vacant. 

818.  If  a  Trustee  does  not  qualify  within  ten  days  after 
receiving  notice  of  his  election,  or  within  fifteen  days  after 
the  commencement  of  his  term  of  office,  when  notice  has 
not  been  given,  his  place  becomes  vacant,  according  to 
Section  907  of  tlie  Political  Code,  and  the  old  Trustee 
holds  over. 

819.  A  Trustee  cannot  file  his  oath  of  office  a/te?-  the  ex- 
piration of  ten  days  from  the  time  he  received  notice  of 
his  election  or  appointment.  (See  Section  907  of  the  Po- 
litical Code.) 

OFFICE. 

820.  A  member  of  a  County  Board  of  Education,  being 
a  school  teacher,  goes  into  another  county  to  teach  during 
the  summer,  leaving  his  household  goods,  and  intending  to 
return  in  the  fall.  Held  by  the  Attorney-Cleneral  that  a 
vacancy  in  the  Board  woiild  not  be  created.  Tiie  tempo- 
rary absence  from  tiie  county  of  a  member  of  the  County 
Board  of  Education  will  not  create  a  vacancy  in  the  office 
of  such  officer.   (Attorney-! General  A.  L.  Hart,  Aug.,  1881.) 

821.  To  place  the  power  of  removing  a  Trustee  in  the 
hands  of  the  Suporintcudent  would  be  dangerous.    Section 


OI'INIONS   OF   STATE   SL'l'ElllNTENDENT.S.  405 

91)(>  of  the  Political  Code  prescribes  how  vacancies  occur. 
If  a  Trustee  violates  the  law,  or  neglects  his  duty,  he  can 
be  removed  by  appeal  to  a  competent  tribunal. 

822.  Section  8-41  of  the  Political  Code  provides  that  no 
person  is  capable  of  holding  a  civil  office  who,  at  the  time 
of  appointment,  is  not  twenty-one  years  of  age. 

823.  There  is  no  provision  of  law  which  will  prevent  a 
member  of  the  County  Board  of  Education  from  acting  as 
Deputy  Superintendent  of  Schools,  unless  he  receives  over 
seventy-five  dollars  per  month  as  compensation  for  his 
services  as  a  member  of  the  Board.  Section  843  of  the 
Political  Code  provides  that  no  county  officer  must  be  ap- 
pointed to  act  as  the  deputy  of  another  when  the  pay  of 
the  office  which  he  holds  equals  or  exceeds  the  sum  of 
seventy-live  dollars  a  month. 

824.  Women  have  the  right,  under  the  law,  to  hold  edu- 
cational offices.     They  have  not  the  right  to  vote. 

825.  By  Act  of  the  Legislature,  approved  March  12th, 
1874,  all  women  over  the  age  of  tw^enty-one  years,  and 
who  are  citizens  of  the  United  States,  and  of  this  State, 
are  eligible  to  educational  offices;  but  they  are  not  entitled 
to  vote. 

826.  Section  841  of  the  Political  Code  explicitly  denies 
the  privilege  of  holding  any  civil  office  to  any  one  not  a 
citizen  of  the  State.  A  year's  residence  is  necessary  to 
acquire  citizenship. 

827.  According  to  Sec.  1600,  Sec,  58,  and  Sec.  1083,  a 
party  whose  name  is  not  on  the  "Great  Register  "  cannot 
legally  hold  the  office  of  School  Trustee.  If  such  a  party 
is  elected  his  place  should  be  declared  vacant,  and  the 
Superintendent  should  till  the  vacancy. 

828.  Under  the  law,  any  citizen  who  is  an  elector  is  eli- 
gible to  any  office  in  the  gift  of  the  people.  The  ability 
to  read  and  write  does  not  enter  as  a  factor  in  the  qual- 
ification to  hold  the  office  of  Trustee  ;  but  common  sense 
would  dictate  that  one  unable  to  read  and  write  is  but 
poorly  qualified  for  a  position  of  so  great  responsibility. 

829.  The  office  of  Trustee  is  not  an  office  of  profit  under 
the  law  of  this  State  ;  hence  there  is  nothing  to  hinder  a 
Postmaster  from  holding  said  office  of  Trustee,  if  his  salary 


406  OPINIONS   Of   STATE   SUPERINTENDENTS. 

as  Postmaster  does  not  exceed  five  hundred  dollars.     (See 
Constitution,  Art.  IV,  Sec.  20.) 

830.  There  is  no  law  in  this  State  requii'ing  a  candidate 
for  office  to  be  a  property  holder.  Anj^  elector  is  entitled 
to  hold  office  if  the  people  think  proper  to  elect  him. 

831.  The  party  who  is  voted  for  for  Trustee  must  be  a 
resident  and  a  qualified  elector  in  the  district,  except  that 
women  may  be  voted  for  for  school  offices  if  they  are  resi- 
dents of  the  district  and  citizens  of  the  United  States  and 
of  this  State. 

832.  By  the  provisions  of  an  Act  approved  March  30th, 
1874,  any  officer  who  shall  be  guilty  of  a  willful  violation 
of  any  of  the  provisions  of  the  statute  under  which  he  M'as 
elected,  or  of  any  other  statute  prescribing  or  defining  his 
duties  and  powers,  may  be  removed  from  office  in  the 
manner  therein  provided. 

OFFICERS. 

833.  Section  425fj  of  the  Political  Code  makes  it  the 
duty  of  the  District  Attorney  to  give,  when  required,  and 
without  fee,  his  opinion  to  county,  district  and  township 
officers  on  matters  relating  to  the  duties  of  their  respective 
offices. 

834.  The  acts  of  a  tie  facto  officer  are  valid.  (See  note 
to  Section  220  of  the  Political  Code.) 

OPvDERS,  OF  TRUSTEES. 

835.  If  a  Clerk  refuses  to  draw  an  order  on  the  County 
Superintendent,  and  the  other  two  Trustees  thereupon 
draw  such  order  upon  him,  it  is  his  duty  to  draw  his  requi- 
sition on  this  order. 

83fi.  At  least  two  Trustees  must  sign  tlie  order  on  the 
Superintendent  for  a  requisition  on  the  Auditor. 

837.  For  their  own  protection  as  well  as  for  the  protec- 
tion of  the  district.  Superintendents  should  require  all 
orders  to  be  signed  by  at  least  two  of  the  Trustees.  The 
business  of  the  lioard  of  Trustees  should  not  be  done  by 
authorizing  the  Clerk  to  sign  "  by  order  of  the  Board." 

838,  If  the  Trustees'  order  overdraws  a  fund  to  the 
credit  of  the  district,  tlie  order  should  be  returned  for  cor- 
rection, witli  instruction  from  the  Superintendent  as  to  the 


OPINIONS    OF   STATE   SUPERINTENDENTS.  407 

amount  in  the  fund  subject  to  requisition,  and  a  new  order 
should  be  drawn  for  the  amount  available. 

839.  An  order  on  the  county  fund  is  presented  with  a 
bill  of  six  items.  Five  of  the  items  are  legal  charges 
against  the  fund  ;  but  the  sixth  is  not.  In  sucli  case  the 
illegal  item  might  be  disallowed,  but  the  better  plan  would 
be  to  return  the  entire  bill  for  correction. 

840.  It  is  not  lawful  for  a  Disti-ict  Clerk  to  sign  another 
Trustee's  name  to  an  order,  unless  he  holds  a  power  of 
attorney  to  that  effect. 

841.  Trustees  should  not  sign  orders  in  blank.  It  is  not 
a  safe  way  to  transact  business. 

842.  All  orders  for  a  teacher's  salary  should  be  signed  by 
at  least  two  Trustees.  The  fact  that  one  is  elected  Clerk 
does  not  autliorize  him  to  di-aw  orders  without  further  ac- 
tion of  the  Board. 

843.  Any  balance  on  a  Trustees'  order  for  teaching  is 
payable  at  any  time  after  the  order  is  drawn,  whether  it 
be  after  the  close  of  the  school  year  or  not,  provided  there 
is  money  in  the  Treasury  to  the  credit  of  the  district  for 
the  year  in  which  the  service  was  rendered. 

844.  The  law  is  silent  as  to  the  right  of  Trustees  to  draw 
an  order  on  any  fund  before  there  is  money  in  the  fund  to 
pay  the  order.  I  think  the  Trustees  may  draw  the  order, 
showing  the  indebtedness,  provided  they  do  not  exceed 
the  estimate  of  the  County  Superintendent  as  to  the  money 
to  come  into  the  fund. 

845.  The  Trustees  have  no  legal  rigl^t  to  draw  an  order 
in  favor  of  a  teacher  for  anything  that  has  not  been  earned. 
When  a  teacher  loses  time  during  a  school  month,  he  is 
entitled  to  make  it  up,  and  when  so  made  up  he  is  entitled 
to  pay. 

846.  There  is  nothing  in  the  law  regulating  the  time  for 
making  out  requisitions  for  warrants  for  teachers'  salaries. 
Throughout  the  country  districts,  the  usual  custom  is  for 
the  Trustees  to  make  out  the  requisitions  upon  the  Coiinty 
Superintendents  for  warrants  at  the  expiration  of  the 
school  month  ;  in  cities  having  Boards  of  Education  the 
matter  is  subject  to  the  rules  adopted  by  sucli  Boards. 

847.  The  Trustees  of  a  district  may,  if  they  choose,  draw 


403  OPINIONS   OF   STATE   SlTPEKINTENDENTS. 

an  order  or  requisition  for  the  teacher's  warrant  for  salary, 
even  though  the  funds  are  not  apportioned  ;  but  no  such 
requisition  must  be  in  excess  of  the  Superintendent's  esti- 
mate of  funds.  The  Superintendent  cannot  draw  his 
requisition  upon  the  County  Auditor  for  a  warrant,  unless 
there  is  money  in  the  Treasury  to  pay  such  warrant. 

848.  The  State  Superintendent  has  no  power  to  order 
Trustees  to  draw  a  warrant  for  any  purpose.  Should 
Trustees  refuse  to  draw  warrants  the  courts  can  attend  to 
the  matter  when  applied  to. 

ORGANS. 

849.  Under  Section  1712  of  the  Political  Code  no  part 
of  the  library  fund  can  be  expended  in  the  purchase  of  an 
organ. 

850.  The  library  fund  cannot  be  used  for  the  purchase 
of  an  organ. 

851.  It  would  be  illegal  for  the  Trustees  to  use  the 
library  fund  for  the  purchase  of  an  organ. 

852.  An  organ  cannot  be  considered  as  school  apparatus. 

853.  The  purchase  of  an  organ  cannot  be  included  in 
"  the  support  of  the  school."  Hence  tlie  Trustees  have  no 
right  to  cut  the  school  term  down  to  six  months,  and  use 
the  money  thus  saved,  and  which  was  intended  for  teach- 
ers' salaries,  in  the  purchase  of  an  organ,  until  after  an 
eight  months'  school  has  been  maintained. 

854.  An  organ  cannot  be  considered  as  school  apparatus, 
and,  therefore,  cannot  be  purchased  with  the  library  fund. 

855.  It  has  often  been  decided  by  both  State  Superin- 
tendent and  Attorney-General  that  organs  being  school 
furniture,  cannot  be  purchased  with  the  library  fund. 
Nor  can  they  be  paid  for  out  of  the  county  fund  until  after 
an  eight  montlis'  school  has  been  maintained. 

85(5.  Organs  arc  school  furniture,  and  cannot  be  pur-- 
chased  with  library  fund. 

857.  Trustees  cannot  expend  the  county  fund  of  their 
district  in  the  purchase  of  an  organ  for  the  school  until 
after  an  eight  montlis'  school  has  been  maintained. 

PLANS,   FOR   SCHOOL  HOUSES. 

S58.  Tiic  (/ounty  Superintendent  cannot  reject  the  plans 
for  a  school- house  on  tlie  ground  that  the  siU'  is  unhealthy. 


OPINIONS   OF   STATE   STTPERINTENDENTS.  409 

PRINCIPALS. 

859.  Principals  of  schools,  by  Section  5  of  the  Rules  and 
Regulations  adopted  by  the  State  Board  of  Education,  shall 
be  held  responsible  for  the  general  manageinent  and  disci- 
pline of  their  schools,  and  the  studies  pursued  ;  and  the 
assistant  teachers  shall  follow  their  directions  and  co- 
operate with  them,  etc. 

860.  The  power  to  classify  the  pupils  of  a  school  belongs 
to  the  Principal ;  and  the  teachers  must  follow  their  direc- 
tions. 

861.  The  Principal  of  a  school  is  certainly  entitled  to  a 
key  for  the  building,  and  for  any  room  in  the  building  ; 
and  it  is  the  duty  of  the  Board  of  Education  or  Board  of 
Trustees  to  furnish  the  keys.  Janitors  are  under  the  di- 
rection of  the  Principals,  and  must  follow  such  directions. 

PRINTING. 

862.  The  bill  for  printing  legitimate  matter  is  an  "  inci- 
dental "  expense,  and  must  be  audited  and  paid  as  other 
claims  against  the  general  fund  of  the  county.  The  Super- 
intendent and  tlie  County  Board  of  Education  have  the 
authority  to  print  whatever  may  be  necessary  in  carrying 
out  the  requirements  of  the  law.  The  printing  of  circular 
letters  of  instruction  to  teachers  by  the  Superintendent, 
the  printing  of  questions  for  examinations  and  the  printing 
of  courses  of  study  ai-e  incidental  expenses.  As  such  they 
must  be  audited  and  paid  as  other  claims  against  the  gen- 
eral fund  are  paid.     (Attorney-General  Hart.) 

868.  Section  1770  of  the  Political  Code  seems  to  contem- 
plate that  the  Board  of  Education  maj-  have  something 
more  to  do  than  to  hold  examinations  for  the  granting  of 
teachers'  certificates  semi-annually,  for  it  provides  that  all 
incidental  expenses  incurred  by  the  Board  of  Education 
shall  be  audited  and  paid  as  other  claims  against  the  gen- 
eral fund  of  the  county.  It  seems  to  me  that  the  publica- 
tion of  a  circular  letter  of  instructions  to  the  teachers,  bj' 
the  Superintendent,  and  authorized  by  the  Board  of  Edu- 
cation, would  not  fall  outside  the  provisions  of  the  school 
law.  The  bill  for  printing  legitimate  matter  is  an  inci- 
dental expense  and  must  be  audited  and  paid  as  other 
claims  against  the  general  fund  of  the  county.  (Attorney - 
General  Hart.) 


410  OPINIONS    OF   STATE    SUPERINTENDENTS. 

864.  There  can  be  no  doubt  that  the  printing  of  ques- 
tions for  examination  of  either  teachers  or  pupils  is  a  nec- 
essary incidental  expense,  and  must  be  audited  and  paid 
as  other  cLaims  against  the  general  fund  of  the  county  are 
audited  and  paid. 

POSTAGE. 

865.  Postage  stamps  for  the  necessary  correspondence 
rehiting  to  school  matters  should  be  purchased  in  the  same 
way  in  which  paper  and  other  school  supplies  are  bought. 

866.  The  Superintendent  has  no  right  to  draw  money  to 
pay  for  postage  or  expressage ;  he  should  pay  his  postage 
and  expressage  and  render  bills  for  same  to  the  Auditor  or 
the  Board  of  Supervisors.  He  is  entitled  to  an  amount 
not  exceeding  $2  for  each  school  district  for  this  purpose  ; 
but  this  does  not  entitle  him  to  draw  from  the  treasury 
$2  for  each  district ;  he  should  draw  from  the  treasury  to 
reimburse  himself  for  moneys  paid  out  for  postage  and 
expressage  to  the  extent  of  not  exceeding  $2  for  each  dis- 
trict. 

867.  The  amendments  made  by  the  Legislature  of  1891 
provide  that  the  Superintendents  shall  be  allowed  $2  for 
each  district,  for  postage  and  expressage. 

868.  When  Superintendents  find  it  necessary  to  purchase 
postage  stamps  they  can  draw  upon  the  County  Auditor 
for  sutRcient  money  to  pay  for  them,  or  they  can  purchase 
them  out  of  their  own  moneys  and  draw  upon  the  Auditor 
for  enough  to  reimlnirse  them.  They  have  no  right  to 
draw  upon  the  Auditor  for  one-half  of  the  sum  of  two 
dollars  for  each  district.  They  draw  for  enough  to  pay 
for  such  amount  of  postage  as  is  needed,  but  the  amount 
cannot  exceed  two  dollars  for  each  district.  The  amount 
of  postage  needed  for  each  district  may  be  much  less  than 
two  dollars  per  annum  ;  if  so,  only  the  amount  needed  can 
be  expended.  Superintendents  are  not  at  liberty  to  draw 
the  two  dollars  per  district  and  appropriate  the  surplus 
over  what  is  needed  to  their  own  use  as  perquisites  of 
office.  The  State  Legislature  appropriates  $ DOO  per  annum 
for  the  postage  re(iuired  in  the  State  Superintendent's 
otlice,  l)ut  that  ollicer  is  not  allowed  to  draw  the  $900,  but 
only  such  jKirt  of  it  as  he  may  need  to  supply  his  office. 
Superintendents  are  not  re(juired  to  keep  a  separate  post- 


OriNIONS    OF   STATE    SUI'KIIINTEN  KKNTS.  411 

age  account  witli  each  district;  they  should  keep  a  postage 
account  to  show  what  amount  they  do  draw  from  the  ag- 
gregate of  two  dolhirs  per  district,  and  to  show  that  tliey 
do  not  overdraw  tlie  aggregate.  Some  districts  may  re- 
quire more  postage  than  two  dollars,  otliers  much  less. 
The  aggregate  must  not  exceed  the  average  of  two  dollars. 

PROMOTION,  OF  PUPILS. 

869.  In  Subdivision  2  of  Section  1603  the  words  "or 
otherwise  "  give  to  County  Boards  of  Education  the  power 
to  promote  pupils  or  to  graduate  them  without  either 
written  or  oral  examination.  I  have  always  advocated 
the  doctrine  that  the  expressed  judgment  of  the  teacher  is 
the  best  means  for  the  promotion  of  children.  The  teacher 
who  lias  made  herself  familiar  with  the  requirements  for 
promotion,  and  who  has  made  herself  familiar  with  the 
status  of  the  individual  pupils,  can  render  a  more  correct 
judgment  than  can  be  predicated  upon  any  single  written 
or  oral  examination. 

870.  The  County  Board  of  Education  determine  the  pro- 
motion and  graduation  of  pupils,  by  written  examination 
or  otherivise.  (See  Section  1663,  Subdivision  2,  of  the  Po- 
litical Code.) 

PKOPERTY,  CONDEMNATION  OF. 

871.  Trustees  can,  if  they  desire  to  do  so,  secure  the 
condemnation  of  private  property  for  school  purposes. 
(See  Section  17,  Mills  on  Eminent  Domain.— Attorney- 
General  Hart.) 

PUNISHMENT,  CORPORAL. 

872.  There  is  in  the  School  Law  nothing  to  prohibit  cor- 
poral punishment  in  the  schools.  Expulsion  and  suspen- 
sion are  not  the  only  means  of  securing  good  order.  Of 
course,  corporal  punishment  should  be  resorted  to  only  in 
extreme  cases,  and  it  should  be  administered  with  groat 
discretion.  The  schools  would  fail  of  fultilling  their  most 
important  mission  if  the  only  way  of  meeting  the  cases  of 
those  boys  who  most  need  controlling  and  restraining  was 
to  turn  them  loose  upon  the  streets,  free  from  all  control 
and  restraint. 

873.  A  teacher  has  a  right  to  inflict  reasonable  corporal 
punishment  upon  disobedient  or  refractory  pupils.    Should 


412  OPINIONS   OK   STATE   SUPERINTENDENTS. 

the  rules  of  the  Board  of  Education  or  of  the  Board  of 
Trustees  direct  otherwise,  the  teacher  should  be  governed 
by  such  rules. 

874.  It  has  always  been  held  by  the  courts  that  teachers 
have  a  perfect  right  to  administer  reasonable  corporal  pun- 
ishment. Of  course,  if  there  is  a  rule  of  the  Board  of  P^d- 
ucation  or  of  the  Board  of  Trustees  to  the  effect  that  cor- 
poral punishment  shall  not  be  employed  in  any  case,  teach- 
ers should  comply  with  such  rule.  The  Trustees,  by  Sec- 
tion 1617  of  the  Political  Code,  Subdivision  1,  have  author- 
ity to  prescribe  and  enforce  rules  not  contrary  to  law.  A 
rule  abolishing  corporal  punishment  would  not  bo  in  con- 
travention of  our  law;  hence  Trustees  have  a  right  to 
adopt  such  a  rule,  if  they  think  proper  to  do  so.  I  am  of 
opinion  that  the  adoption  of  such  a  rule  would  be  unwise, 
for  I  think  the  time  has  not  yet  come  when  the  ill-con- 
trolled children  of  ill-controlled  parents  can  be  governed 
by  any  means  better  than  judicious  corporal  punishment. 

875.  Our  statutes  are  silent  as  to  the  matter  of  corporal 
punishment,  and  Boards  of  Education  or  Boards  of  Trus- 
tees have  the  right  to  enact  such  rules  relative  thereto  as 
they  may  deem  proper.  They  may  prohibit  it  altogether 
if  they  deem  it  proper  to  do  so. 

876.  Trustees  have  the  legal  right  to  adopt  a  rule  pro- 
hibiting all  corporal  punishment,  if  they  deem  such  a  rule 
a  wise  one.  They  certainly  ought  to  prohibit  the  use  of  a 
riding  whip  or  of  a  cowhide.  The  teacher's  common  sense 
ought  to  prevent  him  from  employing  either  of  those  in- 
struments. 

PUPILS. 

877.  A  teacher,  or  a  Principal  when  there  is  more  than 
one  teacher,  has  a  right  to  detain  pupils  for  a  reasonable 
time  for  misconduct  or  for  disobeying  the  rules  of  the 
school. 

878.  A  teacher  has  a  right  to  detain  pupils  after  the 
close  of  school  for  the  purpose  of  correction  or  punishment. 
It  is  a  general  custom  ;  but  the  detention,  like  other  pun- 
ish Jiients,  must  be  ju.st  and  reasonable, 

870,  When  pupils  have  l)een  detained  by  teachers,  a 
person  who  goes  to  the  school  and,  in  the  presence  of  the 
teacher  and  the  pupils  detained,  orders  the  pupils  to  go 


OPINIONS   OF   STATE    SUPHRFNTEXDENTS.  413 

home,  commits  an  offense  punishable  by  fine  from  ten  to 
one  hundred  dollars. 

880.  To  disobey  the  llules  and  Regulations  of  the  Pul)- 
lic  Scliools  of  California,  adopted  by  the  State  Hoard  of 
Education,  and  to  act  in  open  defiance  of  the  authority'  of 
the  teacher,  constitutes  good  ground  for  expulsion,  and 
the  pupil  so  acting  should  be  expelled  from  the  school. 

881.  A  teacher  has  a  right  to  detain  a  pupil  after  the 
end  of  the  session  of  the  day,  as  a  punishment  for  violating 
the  regulations,  or  for  disobedience,  or  neglect  of  duty; 
•provided,  that  children  under  eight  years  of  age  must  not 
be  kept  in  school  longer  than  four  hours  per  day. 

882.  Irregularity  of  attendance  is  cause  for  expulsion. 
"Every  pupil  is  expected  to  attend  school  punctually  and 
regularly."  If,  when  the  teacher  attempts  to  enforce  this 
regulation,  the  pupil  openly  and  defiantly  disobeys  his 
order,  such  pupil  is  liable  to  expulsion. 

883.  The  teacher  should  have  the  control  of  pupils  who 
stay  at  the  school  at  noon,  and  should  supervise  their  ac- 
tions and  movements,  and  should  not  permit  them  to  leave 
the  school  premises  without  a  request  from  the  parents. 

884.  If  a  pupil  desires  to  study  ahead  of  his  grade,  the 
teacher  should  exercise  his  judgment  in  permitting  him  to 
study  advance  lessons. 

885.  By  Section  1684  of  the  Political  Code  all  pupils 
must  comply  with  the  regulations,  pursue  the  required 
course  of  study  and  submit  to  the  authority  of  the  teachers 
of  the  school.  By  subdivision  1  of  Section  1521  of  the  same 
Code,  the  State  Board  of  Education  is  empowered  to  adopt 
rules  and  regulations  for  the  government  of  the  schools. 
The  rules  and  regulations  so  adopted  r/re  inquired  to  be  en- 
forced in  all  public  schools.  (Section  1G96,  subdivision  3.) 
By  Section  2  of  the  Rules  and  Regulations  adopted  by  the 
State  Board,  unless  otherwise  provided  by  special  action 
of  the  Trustees,  the  daily  session  of  ever}'  school  shall 
commence  at  9  o'clock  a.  m.  If  any  pupil  is  not  present 
at  that  hour  such  pupil  must  be  marked  tardy.  By  Sec- 
tion 11  of  the  same  Rules  and  Regulations,  teachers  are 
authorized  to  require  excmes  from  the  parents  or  guardians, 
either  in  person  or  by  written  note,  in  all  cases  of  absence 
or  tardiness.    This  excuse  does  not  relieve  the  teacher  from 


414  OPINIONS    OF   STATE   SUPERINTENDENTS. 

the  duty  of  marking  a  pupil  tardy  who  is  not  present  at 
9  o'clock;  it  simply  relieves  the  pupil  from  the  odium  of 
offense.  No  matter  what  the  cause  may  be  a  pupil  is  tardy 
who  is  not  present  at  the  time  for  opening  the  session  of 
the  school. 

88C.  All  pupils  entering  a  school  on  or  after  the  1st  day 
of  July  are  to  be  regarded  as  new  pupils,  unless  tliey  have 
been  entered  in  some  other  public  school  in  the  State  on 
or  after  said  1st  day  of  July.  If  such  pupils  have  been 
entered  or  enrolled  in  some  other  school  on  or  after  the  1st 
day  of  July  they  are  to  be  enrolled  as  pupils  received  by 
transfer  when  they  enter  some  other  school. 

887.  If  pupils  are  promoted  from  one  class  or  grade  to 
another  they  are  not  to  be  enrolled  as  new  pupils,  but 
simply  as  pupils  received  to  the  higher  class  or  grade  by 
transfer.  So  if  they  are  put  down  from  one  class  or  grade 
to  another. 

888.  By  subdivision  4,  Section  1696  of  the  Political 
Code,  teachei^s  have  tlie  right,  and  it  is  their  duty,  to  hold 
pupils  to  a  strict  accountability  for  disorderly  conduct  on 
the  way  to  or  from  school. 

889.  Teachers  in  schools  in  which  there  are  Principals 
have  nothing  to  do  witli  the  promotion  or  graduation  of 
pupils,  except  to  recommend.  The  Principals  are  the  re- 
sponsible parties  in  these  matters,  and  assistant  teachers 
must  follow  their  directions. 

READING. 

890.  Reading  being  one  of  the  regular  branches  upon 
which  all  teachers  must  pass  an  examination,  it  cannot  be 
considered  a  special  branch,  such  as  is  referred  to  in  Sec- 
tion 1771  of  the  Political  Code,  subdivision  3;  therefore  it 
would  not  be  proper  to  grant  a  special  certilicate  to  teach 
reading. 

RECESS. 

891.  I  have  no  hesitancy  in  deciding  that,  according  to 
Section  6,  page  87  of  the  School  Law,  teachers  are  re(juired 
to  remain  upon  the  school  grounds  during  the  noon  recess. 
This  recess  is  a  time  when  it  is  particularly  necessary  chat 
the  teacher  should  be  present  to  supervise  the  conduct  of 
the  pupils.     A  teacher  has  no  more  right  to  be  absent  dur- 


OPINIONS    OF   STATE    SrPERINTKNDENTS.  415 

ing  tlie  noon  recess  than  during  any  other  recess.  It  \\oul(l 
be  somewhat  difficult  for  a  teacher  to  exercise  a  vigilant 
and  watchful  care  over  the  conduct  and  habits  of  the  pupils 
during  the  time  for  relaxation  and  play,  if  during  such  time 
said  teacher  is  not  present. 

892.  According  to  the  law  (see  Section  1696,  subdivision 
4,  of  the  Political  Code,  and  Section  6  of  the  Rules  and 
Regulations  adopted  by  the  State  Boartl  of  Education, 
page  231  of  the  School  Law),  teachers  are  required  to  have 
charge  of  their  pupils  during  the  recesses  as  well  as  at 
other  times.  There  is  nothing  unreasonable  or  wrong  in 
requiring  teachers  to  remain  on  the  scliool  grounds  during 
the  noon  recesses.  It  is  not  possible  for  them  to  superin- 
tend the  conduct  of  the  school  during  recess  unless  they 
are  present,  and  the  law  implies  that  they  should  be  pres- 
est. 

RECOGNITION  OF  INSTITUTIONS. 

893.  Resolved,  That  the  State  Board  of  Education  in 
this  State,  in  recognizing  universities  and  colleges,  as  pro- 
vided in  Section  1775  of  the  Political  Code,  as  amended 
March  23,  1893,  shall  be  guided  by  the  following  rules: 

1.  All  applications  for  recognition  shall  be  made  l)y  the 
faculty  of  the  institution  soliciting  recognition,  and  shall 
be  accompanied  by  a  copy  of  the  course  of  study  in  the 
pedagogical  department  of  said  institution,  and  by  a  de- 
tailed statement  of  the  amount  of  professional  training 
required  for  graduation  from  said  department. 

2.  In  considering  all  applications  the  State  Board  shall 
carefully  examine  the  merits  of  the  course  of  study  in  the 
pedagogical  department  of  the  institution  soliciting  recog- 
nition, as  compared  with  the  course  of  study  in  the  cor- 
responding department  in  the  University  of  California. 

3.  When  any  institution  shall  be  recognized,  notice  of 
such  recognition  shall  be  sent  to  the  Superintendent  of 
Schools  in  every  city  and  county  in  the  State,  and  it  is 
hereby  made  the  duty  of  the  Secretary  to  transmit  such 
notice  without  delay. 

Resolved,  That  the  City  and  County  Boards  of  Educa- 
tion, in  accepting  recommendations  of  applicants  for  high 
scliool  certificates,  under  the  provisions  of  Section  1775  of 
the  Political  Code,  from  universities  and  colleges  recog- 
nized by  the  State  Board  of  Education,  under  the  provi- 


416  OPINIONS   OF    STATE   SUPERINTENDENTS. 

sions  of  said  section,  must  be  governed  by  the  following 
rules: 

1.  The  recommendation  must  be  issued  by  the  faculty 
of  the  institution  from  which  the  applicant  graduated,  and 
must  be  signed  by  the  President  and  Secretary  of  the  fac- 
ulty, and  have  the  seal  of  the  institution  attached. 

2.  Such  recommendation  must  clearly  set  forth  the 
amount  of  professional  training  which  the  applicant  has 
had  in  the  institution  ])y  which  he  is  recommended. 

3.  The  amount  of  such  professional  training  must  in  no 
case  be  less  than  that  required  by  the  University  of  the 
State  of  California,  as  specified  in  the  register  thereof. 

4.  It  shall  be  the  duty  of  the  City  and  County  Superin- 
tendents to  provide  and  keep  in  their  respective  offices  the 
latest  edition  of  the  register  of  the  University  of  Cali- 
fornia, for  the  use  of  the  members  of  their  respective 
Boards. 

5.  No  Board  shall  consider  the  application  of  any  party 
who  is  not  a  graduate  of  the  pedagogical  department  of  an 
institution  that  has  been  recommended  by  the  State  Board 
of  Education  in  this  State. 

6.  No  Board  shall  consider  applications  presented  by 
parties  who  are  not  residents  of  the  State  of  California. 

RECORDS. 

894.  If  the  records  of  a  school  should  be  burned,  the 
teacher  should  write  them  out  again  as  soon  as  possible, 
and  in  as  correct  a  manner  as  possible,  while  the  matter  is 
still  fresh  in  the  teacher's  mind. 

REPAIRS. 

895.  If  repairs  to  the  school  building  are  necef<sari),  under 
the  third  subdivision  of  Section  1543  of  the  Political  Code, 
it  is  the  duty  of  the  Superintendent,  upon  the  order  of  the 
Trustees,  to  draw  his  requisition  on  the  Auditor.  Under 
Section  1540,  if  there  is  suliicient  money  to  the  credit  of 
the  district,  the  County  Superintendent  can  require  the 
Trustees  to  repan-  the  school  building,  if  no  more  than  fifty 
dollars  is  expended  for  that  purpose. 

896.  The  law  designs  securing  instruction  for  the  children 
during  eight  months,  at  least,  in  every  year,  when  it  is 
possil)le;  conseciuently,  no  expenditures  should  be  made, 
except  for  things  indispensable,  such  as  teachers'  salaries, 


OriNIONS   OF   STA'l'E   SUI'EKINTEN  DKNTS.  417 

school  supplies,  fuel,  etc.  This  would  forbid  new  build- 
ings, additions,  repairs,  etc.,  unless  it  is  clear  that  there  is 
money  on  hand  to  maintain  the  school  for  eight  months. 
This  security  being  had,  any  residue  would  be  available 
for  such  purposes  as  additions,  repairs,  and  so  forth.  In 
case  there  is  no  such  balance,  resort  must  be  had  to  volun- 
tary contributions  or  local  taxation. 

897.  The  Superintendent  can  require  the  Trustees  to 
spend  tifty  dollars  for  repairs  on  the  school-house,  or  other 
school  property  of  the  tlistrict,  if  necessary. 

898.  The  Trustees  may  spend  any  money  for  repairs 
that  remains  in  the  county  fund  after  an  eight  months' 
school  has  been  maintained. 

REQUISITIONS. 

899.  Under  the  third  subdivision  of  Section  1543  of  the 
Political  Code,  it  is  the  duty  of  the  County  Superintend- 
ent, upon  the  order  of  the  Board  of  Trustees,  to  draw  his 
warrant  for  all  nece.^sary  expenses  of  the  district.  If  the 
expenses  are  not  necessary  the  Superintendent  is  not  re- 
quired by  law  to  draw  the  warrant,  and  it  would  be  im- 
proper to  draw  it.  If  this  were  otherwise,  a  County  Su- 
perintendent would  be  an  officer  without  any  discretionary 
power,  and  the  law  prescribing  the  power  of  County  Su- 
perintendents shows  such  a  theory  to  be  unfounded. 

900.  No  requisition  should  be  drawn  by  the  Superin- 
tendent for  an  order  in  payment  of  a  teacher's  salary,  un- 
less there  is  money  enough  in  the  treasury  to  the  credit  of 
the  district  to  pay  the  whole  sum. 

901.  No  requisition  can  be  drawn  in  favor  of  any  teacher 
xcliatever  who  does  not  hold  a  valid  certificate  in  full  force 
during  the  whole  of  the  time  he  or  she  has  taught. 

902.  The  Superintendent  of  Schools  would  not  be  justi- 
fied in  drawing  a  requisition  for  the  salary  of  a  teacher  who 
was  teaching  a  first  grade  school  and  yet  held  only  a  second 
grade  certificate. 

903.  The  Superintendent  does  right  when  he  refuses  to 
draw  a  requisition  for  a  teacher  who  employs  and  pays  an 
assistant  who  does  not  hold  a  legal  certificate.  In  the  em- 
ployment of  such  an  assistant  the  spirit  of  the  law  is  di- 
rectly violated. 


418  OPINIONS   OF   STATE   Sn'EKINTENDENTS. 

904.  In  no  case,  except  as  provided  specially  in  the  law 
(see  Sections  1521,  sul)division  12,  1545,  1546,  1548  and 
1564),  can  Superintendents  draw  requisitions  for  the  pay- 
ment of  any  expenses  of  a  school.  When  Trustees  refuse 
to  draw  their  orders,  there  is  only  one  course  to  pursue, 
that  is,  apply  to  a  proper  court. 

905.  No  warrant  shall  be  drawn  in  favor  of  any  teacher, 
unless  the  officer  whose  duty  it  is  to  draw  the  warrant  is 
satisfied  that  the  teacher  has  faithfully  performed  all  the 
duties  required  by  Section  1696  of  the  Political  Code. 

RESIDENCE. 

906.  Section  52  of  the  Political  Code  provides  that  the 
residence  "  is  the  place  where  one  remains  when  not  called 
elsewhere  for  labor  or  other  special  or  temporary  purpose, 
and  to  which  he  returns  in  seasons  of  repose."  There  can 
be  only  one  residence.  A  residence  cannot  be  lost  until 
another  is  gained.  The  residence  of  the  father  during  life, 
and,  after  his  death,  the  residence  of  the  mother  while 
she  remains  unmarried,  is  the  residence  of  the  unmarried 
child. 

RULES  AND  REGULATIONS. 

907.  It  is  the  duty  of  the  County  Superintendent  and  of 
the  Trustees  to  see  that  teachers  comply  with  the  rules 
and  regulations  of  the  State  Board  of  P^ducation.  Those 
rules  and  regulations  are  enacted  by  tlie  State  Board  by 
authority  of  law,  and  when  not  in  contravention  of  the 
law  their  observance  is  necessary  and  obligatory. 

908.  Any  rule  adopted  by  a  Board  of  Trustees  which 
rc(juires  a  teacher  to  be  present  at  8  o'clock,  when  the 
school  does  not  open  until  nine  o'clock,  is  in  contravention 
of  Section  1  of  the  Rules  and  Regulations  adopted  by  the 
State  Board  of  Education.  The  rules  and  regulations 
adopted  by  the  State  Board  of  Education  are  adopted  in 
accordance  with  the  power  conferred  upon  the  said  Board 
by  the  law,  and  are  law  for  the  schools. 

909.  The  Trustees  of  the  school  districts  are  vested  by 
law  with  the  power  of  making  and  enforcing  rules  for  the 
government  of  the  scliools  under  their  charge;  provided, 
such  rules  do  not  contravene  the  laws  of  the  State.  (Sec- 
tion 1()17,  subdivision  1.)  They  have  power  to  manage 
and  control  the  school  property.     (Section  1617,  subdivi- 


OPINIONS    OF   STATE   SUPERINTENDENTS.  419 

sion  2.)  Principals  shall  he  held  responsible  for  the  gen- 
eral management  and  discipline  of  their  schools.  (Rule  5, 
page  231  of  the  School  Law.)  Principals  are  required  to 
exercise  a  watchful  care  over  the  pupils  at  recesses.  (Rule 
6,  page  231.)  They  shall  prescribe  rules  for  the  use  of  the 
yards,  etc.,  such  as  may  secure  neatness,  etc.  They  are 
required  to  prevent  pupils  from  remaining  in  rooms  that 
are  provided  with  improved  furniture,  except  in  the  pres- 
ence of  a  teacher  or  monitor,  etc.  (Pv.ule  13,  page  232.) 
They  must  require  pupils  to  pass  out  of  schoolrooms. 
(Rule  4,  page  2.30.)  In  fair  weather  the  children  should  be 
required  to  be  out  in  the  open  air  at  recesses;  and  I  think 
that  in  these  details  of  management  the  Trustees  should 
not  interfere,  except  to  sustain  the  authority  of  the  teach- 
ers. It  is  not  for  the  Ijest  interests  of  the  schools  or  of 
the  pupds  to  have  the  Trustees  interfering  with  the  minor 
detail  of  management.  The  more  general  the  rules  of  the 
Board  of  Trustees  the  better,  and  the  more  they  make  the 
Principals  and  teachers  responsible  for  tlie  management  of 
the  schools  the  better.  The  Principals  and  teachers  are 
rightly  supposed  to  know  more  about  these  matters  of 
management,  than  it  is  possible  for  Trustees  to  know.  Of 
course,  whatever  rules  the  Board  of  Trustees  may  adopt, 
the  teachers  must  observe,  unless  such  rules  are  in  con- 
flict with  the  law,  or  with  the  rules  and  regulations  adopted 
by  the  State  or  County  Boards. 

SALARIES. 

910.  Article  XI,  Section  9,  of  the  Constitution,  provides 
that  the  salary  of  a  county  olJicer  cannot  be  increased  dur- 
ing his  term  of  office,  and  those  officers  now  holding  cannot 
receive  the  benefit  of  any  such  increase,  should  the  Legis- 
lature see  fit  to  provide  it.  (Attorney-General  Marshall, 
February,  1883.) 

911.  By  Section  1693  a  school  month  is  composed  of 
twenty  school  days,  or  four  weeks  of  five  school  days  each. 
If  a  teacher  has  taught  twenty  school  days,  he  is  entitled 
to  be  paid  a  month's  salary. 

912.  Whenever  the  law  or  Trustees  suspend  the  school, 
the  teacher  has  the  right  to  his  pay  the  same  as  if  no  holi- 
day or  suspension  had  occurred. 

913.  If  a  scliool  has  been  temporarily  suspended  upon  the 
suggestion  of  the  teacher,  in  consequence  of  bad  weather 


420  OPINIONS   OF   STATE    SFPERINTENDENTS. 

and  prevailing  sickness,  and  in  the  suggestion  the  teacher 
had  led  the  Board  to  understand  that  he  was  not  to  be  paid 
during  the  time  of  suspension,  he  would  not  be  entitled  to 
pay.  Had  the  Board  suspended  the  school  on  their  own 
motion,  the  teacher  would  be  entitled  to  pay. 

914.  If  there  was  sufficient  money  in  the  school  fund/or 
the  year  darimj  which  he  taught,  to  pay  the  teacher,  the 
school  funds  are  subject  to  the  payment  at  any  time  within 
the  period  prescribed  in  the  Statute  of  Limitations.  If 
there  was  not  sufficient  money  in  the  fund  to  pay  him  for 
the  year  in  which  he  taught,  the  district  is  not  liable  to 
him  at  all. 

915.  A  teacher  on  several  occasions  had  been  at  school 
and  ready  to  teach  the  children  ;  but  the  rain  kept  the 
children  away.  The  teacher  is  entitled  to  pay  for  such 
days. 

916.  Whenever  teachers  are  employed  for  a  iixed  period 
of  time,  and  are  ever  ready  and  willing  to  teach  throughout 
the  whole  of  the  time,  notwithstanding  the  fact  that  the 
school  was  closed  during  a  part  of  the  time  for  vacation, 
because  of  fire  or  epidemic,  or  for  any  other  reason  over 
which  the  teacher  had  no  control,  they  must  be  paid  as  if 
they  had  taught  the  whole  of  the  time.  If  teachers  agree 
to  any  special  arrangement,  they  are  bound  by  all  the 
terms  to  be  found  in  the  contract. 

917.  A  teacher  being  present  and  ready  for  duty,  is  en- 
titled to  his  salary  during  the  time  of  suspension  of  school, 
when  that  suspension  is  made  in  term  time  by  law,  or  by 
act  of  the  Trustees. 

918.  When  school  is  suspended  by  the  Trustees  during 
the  time  for  which  a  teacher  has  been  engaged,  the  teacher 
suffers  no  loss  of  salary,  provided  he  was  present  and  ready 
to  pfn-form  his  part  of  the  contract.  Should  the  suspen- 
sion be  on  account  of  prevailing  epidemic,  the  district  shall 
suffer  no  loss  of  apportionment  from  the  State  or  county 
funds. 

919.  It  is  illegal  and  a  violation  of  the  law  for  the  Prin- 
cipal of  a  school  to  draw  all  of  the  money  and  pay  the 
primary  teacher  what  he  pleases  and  when  he  chooses.  If 
he  ri^fiises  to  turn  over  to  her  her  money  upon  demand, 
l)ut  holds  it  and  ol)tains  inteiest  on  it,  he  is  liable  to  pros- 


OPINIONS    OF    STATE   SUPERINTENDENTS.  421 

edition  for  the  crime  of  embezzlement.  No  Principal  has 
the  right  to  employ  the  primary  teacher,  and  Trustees 
have  not  the  right  to  delegate  to  him  that  power.  The 
warrant  for  a  teacher's  .salary  must  be  drawn  in  the  teach- 
er's name.  To  draw  a  warrant  in  favor  of  the  Principal 
for  all  salaries  is  not  only  in  violation  of  law,  but  it  is  con- 
ducive to  fraud. 

920.  A  teacher  is  entitled  to  pay  for  the  full  length  of 
time  for  which  he  is  employed  ;  and  although  Trustees 
prevent  him  by  force  from  teaching  during  the  whole  of 
tliat  time,  he  is  as  fully  entitled  to  pay  for  the  whole  period 
as  if  he  had  taught  during  the  whole  period  ;  provided  he 
was  at  all  times  ready  and  willing  to  teach. 

921.  If  a  teacher  is  prevented  from  keeping  school  open 
by  the  intervention  of  some  superhuman  cause,  he  is  enti- 
tled to  pay  for  those  days  during  which  it  was  absolutely 
impossible,  for  this  reason,  to  keep  school  open.  If  the 
Trustees  order  him  to  close  school,  he  is  entitled  to  pay. 
These  are  the  only  cases  in  which  he  is  entitled  to  pay. 

922.  The  Trustees  of  a  certain  district  employed  a  teacher 
for  five  months,  representing  to  her  that  there  were  suffi- 
cient funds  to  pay  her  for  that  time.  It  turned  out  after- 
wards that  the  funds  lasted  but  three  months;  the  question 
is  asked,  what  redress  had  the  teacher  ?  She  has  none. 
The  Trustees  are  not  personally  liable  in  such  a  case,  and 
tlie  district  is,  by  law,  expressly  relieved  from  liability. 

923.  There  is  no  way  in  which  a  teacher  can  be  paid 
from  the  public  school  funds,  unless  such  teacher  holds  a 
valid  certificate  in  full  force  during  the  entire  time  taught. 

924.  A  teacher  cannot  draw  salary  unless  she  holds  a 
valid  certificate  of  the  county  in  which  she  is  teaching.  la 
case  she  asks  for  a  temporary  certificate  upon  a  valid  one 
of  another  county,  the  Board  of  Education  can  order  the 
County  Superintendent  to  issue  it  or  not,  as  they  please 

925.  In  yours  of  the  14th  instant  you  inquire  :  "In  case 
>^  teacher  contracts  to  teach  a  school  for  eight  months,  and 

after  teaching  two  months  the  school  is  closed  by  the  Trus- 
tees for  one  month,  on  account  of  an  epidemic,  is  the 
teacher,  who  has  been  in  readiness  to  go  on  with  the  work 
all  the  time,  entitled  to,  and  can  siie  collect  legally  her 
salary  for  that  month  during  which  the  school  was  sus- 


422  OPINIONS   OF    STATE   SUPERINTENDENTS. 

pended."  A  contract  cannot  be  limited  in  its  obligations 
by  some  subsequent  event  which  transpires  after  the  mak- 
ing of  it — such  as  an  epidemic — if  the  teacher  has  complied 
with  the  provisions  of  Sections  1700  and  1701  of  the  Polit- 
ical Code,  and  the  district  has  received  its  apportionment 
of  school  moneys.  (G.  A.  Johnson,  Attorney-General, 
February,  1888.) 

926.  An  epidemic  is  a  public  calamity,  the  results  of 
which  should  not  be  borne  entirely  by  the  teachers.  When 
a  school  was  closed  seven  weeks  by  request  of  the  Board 
of  Health,  the  teachers  should  receive  their  pay. 

927.  According  to  the  opinion  of  the  Attorney-General, 
if  the  Trustees  of  a  district  should  order  the  teacher  to 
close  school  indefinitely  on  account  of  sickness  among  the 
pupds,  the  teacher  is  legally  entitled  to  salary  for  the  time 
the  school  remains  closed. 

928.  In  case  of  a  rainy  day,  when  neither  teacher  nor 
pupils  attend  school,  the  teacher,  not  being  on  duty,  ought 
not  to  receive  pay. 

929.  If  the  Trustees  dismiss  the  school  on  account  of  rain, 
the  teacher  is  entitled  to  pay.  A  teacher  has  no  authority 
to  dismiss  a  school  without  consent  of  the  Trustees  ;  but 
if  the  school  is  so  dismissed  the  teacher  is  not  entitled  to 
pay. 

930.  If  Trustees  are  obliged  to  close  school  on  account 
of  stormy  weather,  the  teachers  are  entitled  to  their  salary, 
provided  they  were  at  all  times  ready  for  service.  Neither 
teacher  nor  Trustees  were  responsible  for  the  storm.  If 
such  cause  prevented  the  Trustees  from  maintaining  a  six 
months'  school,  it  would  not  lose  its  State  apportionment. 
Neither  should  teachers  lose  their  money.  The  chief  loss 
falls  upon  the  pupils,  who  lose  their  instruction,  but  this 
is  unavoidable. 

931.  It  is  intended  by  Section  1687  of  the  Political  Code 
to  allow  the  same  salary,  in  cities,  to  teachers  of  the  be- 
ginners' class  as  that  paid  to  teachers  of  the  highest  grade^ 
next  to  the  higli  school. 

932.  1'he  Trustees  have  a  right  to  close  school  on  account 
of  bad  weather;  but  they  must  pay  the  teacher  for  the  full 
time  contracted  for. 

933.  When  a  school  is  closed  by  the  Trustees  in  conse- 


OPINIONS   OF   .STATE   STPEKINTEN DENTS.  423 

{(uence  of  rainy  weather,  the  teacher  is  entitled  to  pay  for 
the  time  ;  but,  if  the  teacher  was  not  present  on  a  rainy 
day  and  tlic  school  had  not  been  closed  by  order  of  the 
Trustees,  the  teacher  is  not  entitled  to  pay  for  such  day. 

9,34.  Principals  and  teachers  are  entitled  to  pay  of  salary 
during  vacations  ordered  by  the  Trustees  without  their 
consent,  unless  the  contrary  has  been  agreed  to  in  the  con- 
tract. 

935.  Neither  a  Board  of  Education  nor  a  Board  of  Trus- 
tees can  legally  pay  any  salary  to  any  teacher  who  does 
not  hold  a  legal  certificate  corresponding  in  grade  with  the 
grade  of  the  school ;  nor  can  a  City  or  County  Superin- 
tendent grant  a  requisition  for  salary  to  such  a  teacher 
without  violating  the  law. 

936.  A  teacher  under  contract  to  teach  a  school  for  a 
certain  number  of  months,  whether  the  contract  is  oral  or 
written,  is  entitled  to  her  salary  during  the  time  in  which 
the  school  is  closed  in  consequence  of  the  school  buildings 
having  been  destroyed  by  fire.  The  teacher  should  not  be 
made  to  bear  the  loss  occasioned  by  any  calamity. 

937.  The  law  does  not  allow  teachers  any  salary  for 
teaching  upon  a  legal  holiday.  Teachers  ought  not  teach 
on  a  legal  holiday  ;  Trustees  have  no  right  to  require  them 
to  teach  upon  these  days,  nor  to  make  up  for  legal  holidays 
by  teaching  additional  days. 

938.  There  is  nothing  in  the  law  governing  the  schools 
of  this  State  which  authorizes  the  payment  of  salary  to 
any  member,  or  to  any  clerk,  of  a  Board  of  Trustees. 

939.  There  is  nothing  in  the  law  that  authorizes  the  pay- 
ment of  salary  to  any  teacher  during  the  time  such  teacher 
may  be  absent  from  his  school,  no  matter  what  the  cause 
of  absence  may  be. 

940.  The  Trustees,  in  emploj'ing  teachers,  must  fix  their 
salaries.  To  employ  a  teacher,  agreeing  to  give  him  for 
his  services  all  the  money  that  may  be  apportioned  to  the 
district  during  the  year,  does  not  fix  his  salary  in  such 
manner  as  the  law  implies. 

SATURDAYS. 

941.  A  teacher  has  no  right  to  take  the  responsibility  of 
teaching  on  Saturday.     If  the  Trustees  see  fit  to  make  any 


424  OPINIONS   OF   STATE   SUPERINTENDENTS. 

such  arrangement,  they  are  the   only  parties  possessing 
such  power. 

SCHOOL-HOUSES. 

942.  Public  school-houses  are  built  for  the  purposes  of 
public  education  alone,  that  is,  no  other  object  was  had  in 
view  in  their  erection  ;  and  they  are  under  the  exclusive 
control  and  management  of  the  Trustees,  and  of  those 
acting  under  the  Trustees.  In  the  case  which  called  forth 
a  previous  decision,  a  certain  band  had  determined,  con- 
trary to  the  wishes  of  the  Trustees,  to  give  a  ball  in  a 
school-house.  The  Trustees  thought  that  the  building 
and  its  furniture  would  be  injured,  and  forbade  the  ball. 
The  County  Superintendent  decided  that  the  Trustees  had 
power  to  forbid  the  ball,  and  appealed  to  this  office  to 
know  whether  he  was  right.     Undoubtedly  he  was  right. 

943.  In  reference  to  the  holding  of  divine  worship  in  a 
public  building,  there  can  be  no  doubt  of  the  power  of  the 
Trustees  to  forbid  it,  if  in  their  judgment  it  is  wise  to  do 
so.  And  if  they  should  permit  worship,  and  it  should  re- 
sult in  teaching  partisan  or  denominational  doctrines  in  the 
school,  then,  upon  satisfactory  evidence  of  the  fact,  it  would 
become  the  duty  of  the  Superijitendent  of  Public  Instruc- 
tion and  of  the  School  Superintendent  to  withhold  both 
State  and  county  apportionments.  ShouM  the  Trustees 
of  any  school  choose  to  allow  the  divine  worship  to  take 
place  in  a  school-liouse,  under  such  conditions  as  they  may 
prescribe,  this  office  is  not  prepared  to  say  that  they  might 
not  have  the  power  ;  provided  it  did  not  result  in  any 
harm  or  inconvenience  to  the  schools.  But  certainly  no 
one  has  a  right  to  demand  it  of  them.  It  is  a  matter  to 
be  decided  by  the  sound  discretion  of  the  Trustees. 

944.  Trustees  have  power  to  prohibit  the  use  of  school- 
houses  for  any  and  all  purposes  save  the  pur])oses  of  the 
schools.  Should  they,  in  their  discretion,  at  any  time, 
permit  the  scliool-liouses  to  be  used  for  any  other  purpose, 
they  must  see  to  it  that  no  damage  to  the  property,  and 
no  damage,  delay,  or  inconvenience  results  to  the  schools. 

94;'*.  If  the  Trustees  take  the  responsibility  of  allowing 
the  school-house  to  be  used  for  any  purpose  besides  those 
of  the  schools,  they  must  see  that  it  results  in  no  loss,  de- 
lay, (lamruje,  or  inconvenience  to  the  school. 


OPINIONS   OF   STATE   SCJPERlNTExNDENTS.  425 

946.  The  school-house  belongs  to  the  district,  and  it 
matters  not  that  a  portion  of  the  funds  for  its  erection 
came  from  private  sources.  The  Trustees  ought  to  get  a 
deed  for  the  site;  and  if  a  deed  cannot  be  had  from  the 
owner  of  the  land,  another  site  ought  to  be  bought  and 
the  building  moved  on  it. 

947.  When  a  school-house  has  been  built  by  private 
funds  and  turned  over  to  the  school  district  to  be  used  as 
a  public  school-house,  it  becomes  public  property,  and 
stands  in  all  respects  as  if  it  had  been  built  by  the  public 
money.  It  is  henceforth  in  charge  of  the  Trustees,  and 
under  their  control.  No  one  can  demand  its  use  for  any 
purpose  other  than  that  of  the  public  school.  If,  in  the 
judgment  of  the  Trustees,  and  in  the  exercise  of  their  dis- 
cretion, they  think  that  it  would  be  well  to  allow  it  to  be 
used  for  divine  service,  or  for  other  purposes,  it  should  be 
with  the  restriction  that  no  damage  should  come  to  the 
property,  and  that  no  delay,  or  injury,  or  inconvenience 
should  come  to  the  school. 

948.  The  Trustees  can  prohibit  church  services  from 
being  held  in  the  school-houses,  and  they  alone  have 
power  to  permit  the  use  of  the  school-houses  for  any  pur- 
pose save  that  of  schools.  It  is  not  the  right  of  any  person 
to  demand  the  use  of  the  school-house  for  any  purpose 
other  than  school:  and  yet  it  has  grown  into  a  custom  all 
over  the  country,  in  sparsely  settled  neighborhoods  where 
there  are  not  public  buildings  for  divine  worship,  for  the 
Trustees  of  schools  to  allow  the  use  of  the  school-houses 
for  that  purpose.  This  they  do  in  their  own  discretion; 
but  they  are  to  see  to  it  that  no  damage  or  loss  happens  to 
the  property,  and  that  no  harm,  delay  or  inconvenience 
comes  to  the  school,  and  that  no  sectarian  doctrines  are 
taught  in  the  schools,  as  a  consequence  of  this  indulgence. 

949.  The  school-house  was  built  for  the  purposes  of  the 
public  schools  of  the  district,  and  no  one  has  a  right  to  de- 
mand its  use  for  any  other  purpose.  But  as  the  Trustees 
are  the  legal  custodians  of  it,  I  am  not  prepared  to  say 
that  it  would  be  wrong  for  them  to  prevent  its  use  for  an- 
other purpose  occasionally  under  proper  conditions:  and 
provided  that  such  use  did  not  in  any  way  injure  or  dam- 
age the  propert}^  nor  cause  dela\',  inconvenience  or  harm 
to  the  school.     After  such  use  the  building  should  be  put 


426  OPINIONS    OF   STATE   SUPERINTENDENTS. 

in  clean  and  orderly  condition,  and  be  entirely  fit  for  the 
school  and  acceptable  to  the  teacher.  Of  coarse,  there 
should  be  no  consequences  of  a  demoralizing;  kind,  and  if 
such  consequences  are  inevitable,  the  Trustees  have  no 
right  to  allow  the  use  of  the  building. 

950.  There  is  nothing  in  the  law  which  forbids  the 
Trustees  renting  the  school-liouse. 

951.  The  school-house  should  be  located  by  a  vote  of 
the  district,  and  when  once  located  it  cannot  be  legally 
changed  without  a  like  vote.  The  proper  place  for  the 
school  furniture  and  school  apparatus  is  in  the  school- 
house;  therefore  the  school  furniture  and  school  apparatus 
should  not  be  moved  from  one  end  of  the  district  to  the 
other  without  a  vote  of  the  people. 

952.  Trustees  have  entire  control  of  the  school  property, 
and  they  may  use  their  discretion  in  the  matter  of  allow- 
ing it  to  be  used  for  religious  purposes. 

953.  A  party  teaching  in  a  certain  district,  taught  also 
a  Sunday  school  in  the  school-house,  by  permission  of  the 
Trustees.  The  Superintendent  intimated  to  the  teacher 
that  she  was  liable  to  lose  her  certificate  for  so  doing. 
Held,  that  Sunday  school  instruction  does  not  come  under 
the  head  of  immoral  or  unprofessional  conduct,  or  evident 
unfitness  for  teaching,  and  that  the  matter  of  using  the 
school  building  for  such  a  purpose  rests  entirely  with  the 
Trustees. 

954.  Trustees  have  a  general  control  of  the  school  prop- 
erty of  the  district;  and  they  must  decide  for  themselves 
what  is  right  in  the  matter  of  using  the  school-house  for 
other  than  school  purposes,  unless  they  have  received  in- 
structions from  the  qualified  electors  of  the  district  ac- 
cording to  part  first  of  subdivision  twentieth  of  Section 
1617  of  the  Political  (vode.  The  use  of  the  school-house 
for  meetings  that  are  patriotic  or  literary  and  entirely 
decorous  is  permissible. 

955.  Section  1G17  of  the  Political  Code,  subdivision  2, 
gives  the  Trustees  control  and  management  of  the  school 
property,  and  they  are  not  obliged  to  consult  the  teacher 
as  to  what  use  may  be  made  of  the  school  building.  It 
would,  however,  be  naturally  expected  that  the  teacher 
would  be  notilied,  if  the  school-room  had  been  granted  for 


1 


OPINIONS   OF   STATE    ST'PERINTENDENTS.  427 

other  than  school  purposes.  The  law  gives  the  electors  of 
a  district  the  right  to  instruct  the  Trustees,  at  any  regu- 
larly called  meeting,  in  regard  to  the  use  of  the  school- 
house  for  other  than  school  purjioses.  (See  Section  1617 
of  the  Political  Code,  subdivision  twentieth.) 

956.  It  is  in  contravention  of  what  is  right  or  proper  for 
Trustees  to  permit  the  school-liouse  to  be  used  as  a  dance- 
hall.  Public  school-houses  are  built  and  intended  to  be 
used  for  public  school  purposes;  dancing  is  not  one  of 
these  purposes.  It  is  true  the  Trustees  have  charge  of  the 
building,  and,  unless  instructed  otherwise  by  the  electors 
of  the  district,  they  may  permit  it  to  be  used;  but  they 
are  responsible  for  tlie  use  of  the  property,  and  should  see 
that  it  is  not  used  for  any  improper  or  objectionable  pur- 
pose, and  that  no  harm  results  in  any  way  from  any  meet- 
ing of  any  kind  held  therein.  The  people  have  the  right 
to  instruct  the  Trustees  to  the  effect  that  they  shall  not 
let  the  school  building  for  any  purpose  whatever.  Cer- 
tainly the  Trustees  must  know  that  the  school  building 
cannot  be  used  for  dancing  purposes,  having  the  seats  and 
desks  taken  out,  etc.,  without  being  injured.  Besides,  the 
use  of  the  building  for  such  a  purpose  is  well  calculated  to 
do  great  injury  to  the  school  and  to  the  better  sentiment 
of  the  patrons  of  the  school.  Any  citizen  has  a  right  to 
object  to  the  use  of  the  school  building  for  any  purpose 
other  than  that  for  which  it  has  been  erected;  and  should 
any  <lamage  accrue  from  letting  the  building  for  extrane- 
ous purposes,  any  citizen  has  the  right  to  institute  an 
action  against  the  Trustees  for  such  injury. 

957.  The  location  of  school  buildings  must  be  made  by 
a  majority  vote  of  the  electors  voting  at  the  meeting 
called  for  that  purpose  under  Section  1617  of  the  Political 
Code,  subdivision  20. 

958.  Trustees  are  not  at  liberty  to  let  school-houses  for 
dancing  purposes.  Especially  is  this  the  case  when  it  is 
necessary  to  remove  the  desks  and  other  furniture. 

959.  The  location  of  school-houses  can  be  changed  only 
as  provided  in  Section  1617,  subdivision  20,  of  the  Po- 
litical Code.  If  the  electors  of  the  district,  at  a  meeting 
held  for  that  purpose,  vote  to  change,  the  Trustees  must 
comply  with  the  instruction  given  by  such  meeting. 


428  OPINIONS   OF   STATE   SUPERINTENDENTS. 

060.  When  objection  is  made  by  any  elector  of  the  dis- 
trict, the  Trustees  are  not  at  liberty  to  let  the  school-house 
for  other  than  school  purposes,  unless  instructed  so  to  do 
by  a  meeting  of  the  electors  as  provided  in  Section  1617, 
subdivision  20,  of  the  Political  Code. 

961.  It  is  the  duty  of  Trustees,  when  directed  by  vote 
of  their  districts  to  build  school  houses,  to  advertise  for 
plans,  specifications  and  bids  in  accordance  with  the  Act 
of  April,  1872.  It  is  the  manifest  intent  of  the  law  that, 
except  in  incorporated  cities,  such  plans  should  be  sub- 
mitted to  the  County  Superintendent  for  his  approval. 

SCHOOL  LAWS. 

962.  The  State  Superintendent  is  not  authorized  to  fur- 
nish copies  of  the  school  law  for  general  distribution,  but 
for  the  use  of  sdiool  officers  and  school  libraries. 

963.  Under  the  law  the  Superintendent  of  Public  In- 
struction is  not  at  liberty  to  furnish  copies  of  the  school 
law  promiscuously;  he  is  required  to  furnish  copies  to 
school  officers  and  school  libraries.  The  copies  tlius  fur- 
nished are  not  tlie  individual  property  of  those  parties, 
but  theirs  simply  in  trust  for  themselves  and  their  suc- 
cessors. The  copies  furnished  should  be  taken  care  of  and 
handed  over,  as  other  school  property  is,  to  their  suc- 
cessors. 

964.  Copies  of  the  school  law,  whether  bound  or  in 
pamphlet  form,  are  the  property  of  the  State  and  must  be 
transferred  by  teachers,  Trustees  and  Superintendents  to 
their  successors.  It  is  tlie  duty  of  the  Trustees  to  see 
that  a  copy  of  the  school  law  is  kept  in  the  library  of  the 
school.  It  is  tlieir  duty,  also,  to  see  that  all  school  prop- 
erty is  carefully  conserved. 

SCHOOLS,  PPJVATE. 

965.  Private  schools  can  liave  no  portion  of  the  public 
moneys  awarded  to  them.  Section  8  of  Article  IX  of  the 
Constitution  of  the  State  forbids  it. 

966.  The  fact  that  part  of  the  time  expended  in  teacli- 
ing  by  the  applicant  for  a  diploma  was  passed  in  a  private 
school  does  not  matter,  if  the  recommending  l^oard  art; 
satisfied  that  he  was  sufficiently  successful  in  teaching. 

967.  Time  spent   in   teaching  in  a  private  school  has 


OriNlONS   OF   STATK   .SUTEltlNTKN  l>KNTS.  4*29 

always  been  counted  as  a  part  of  the  school  experience  re- 
el uired  for  educational  or  life  diplomas. 

SCHOOLS,  PUBLIC. 

968.  The  Board  of  Trustees  of  a  district  have  not  the 
power  to  discontinue  the  primary  and  continue  tlie  gram- 
mar school  during  the  remainder  of  the  term.  Boards  of 
Trustees  and  City  Boards  of  P]ducation  must,  according  to 
Section  1GI9  of  the  Political  Code,  maintain  all  the  schools 
established  by  them  for  an  equal  length  of  time  during  the 
year,  and  as  far  as  possible  with  equal  rights  and  priv- 
ileges. 

969.  Section  1662  says  that  every  school  must  be  open 
for  the  admission  of  all  children  between  six  and  twenty- 
one  years  of  age  residing  in  the  district,  and  others  may  be 
admitted  as  a  privilege. 

970.  The  fact  of  the  teacher  being  paid  by  the  people  of 
the  district,  whether  by  bonds,  by  district  tax,  or  by  sub- 
scription, could  not  convert  the  public  district  school  into 
a  private  school. 

971.  Children  cannot  be  excluded  from  the  public 
schools,  unless  they  are  over  twenty-one  years  of  age.  (See 
Section  1662  of  the  Political  Code.) 

972.  Trustees  cannot  legally  open  the  school  and  hold 
the  sessions  thereof  in  any  other  place  than  that  which 
has  been  determined  upon — that  is,  in  the  school-house. 
They  have  no  right  to  tit  up  a  room  in  any  other  place 
without  a  vote  of  the  electors  of  the  district,  in  accordance 
with  Section  1617  of  the  Political  Code,  subdivision  20. 
Should  they  do  so  they  will  not  be  justified  in  paying  the 
salary  of  the  teacher  employed  by  them  out  of  the  school 
funds,  nor  would  the  Superintendent  be  justified  in  draw- 
ing his  requisition  on  such  order  of  the  Board  of  Trustees. 

SECTARIANISM. 

973.  There  is  nothing  denominational  in  the  Lord's 
Prayer;  but  it  would  be  better  for  teachers  to  consult 
with  the  Trustees  and  the  patrons  of  the  school,  and,  if 
they  found  that  objection  existed  even  to  the  use  of  the 
Lord's  Prayer,  they  should  abstain  from  its  use. 

974.  The  words  and  the  spirit  of  the  law  are  utterly 
opposed  to  making  the  public  schools  the  means  of  dissem- 


430  OPINIONS    OK   STATE    SUPERINTENDENTS. 

inating  partisan  or  sectarian  doctrines.  The  school-houses 
are  built  for  the  public  schools,  and  no  one  has  a  ri^ht  to 
demand  them  for  any  other  purpose.  The  Trustees  are 
the  local  custodians  of  these  houses,  and  if  they  take  the 
responsibility  of  permitting  them  to  be  used  for  any  pur- 
poses save  those  of  the  schools,  they  must  see  to  it  that 
the  schools  take  no  damage  of  any  kind  therefrom,  and 
that  sectarian  and  partisan  doctrines  be  not  taught  in  the 
schools  directly  or  indirectly. 

SESSION,  DAY'S,  OF  SCHOOL. 

975.  The  length  of  the  day's  session  may  be  determined 
by  the  Trustees.  A  teacher  may  dispense  with  the  after- 
noon recess,  if  the  Board  of  Trustees  consent. 

976.  A  City  Superintendent  has  no  power  to  enforce  a 
rule  requiring  pupils  under  eight  years  of  age  to  be  kept 

"in  school  more  than  four  hours  per  day.  Section  1673  of 
the  Political  Code  and  Section  3  of  the  Rules  and  Regula- 
tions of  the  State  Board  of  Education  forbid  such  action. 

977.  A  teacher  cannot  dismiss  a  school  every  Friday  at 
3  P.  M.  without  the  consent  of  the  Trustees.  They  have 
power  to  regulate  such  matters. 

978.  Section  2  of  the  Rules  and  Regulations  of  the  Pub- 
lic Schools,  adopted  by  the  State  Board  of  Education  in 
accord  with  the  law,  empower  Boards  of  Trustees  to  fix 
the  hour  for  the  closing  of  the  daily  session  of  the  school, 
as  well  as  the  hour  for  the  opening  of  the  daily  session. 
Tliere  is  no  doubt  of  their  authority  to  close  the  daily  ses- 
sion at  three  o'clock  in  the  afternoon,  if  they  deem  it  best 
to  do  so. 

SITES,  SCHOOL. 

979.  If  the  site  occupied  by  a  school-house  was  donated 
upon  the  conditions  that  it  must  be  used  for  school  pur- 
poses, the  title  would  revert  to  the  grantor  in  case  of  its 
abandonment  as  a  school  site. 

980.  The  Trustees  cannot  purchase  a  school  site  from  a 
man  whose  wife  is  one  of  the  Trustees,  if  she  is  pecuniarily 
interested  therein. 

981.  Trustees  must  submit  to  a  meeting  in  location  of  a 
school-house,  after  bonds  have  been  voted  with  which  to 
build,  purchase  site,  etc.     The  calling  of  the  meeting  is 


J 


OPINION'S    OF   STATE   SUPERINTENDENTS.  431 

mandatory,  and  not  optional,  and  the  Trustees  can  act 
only  upon  the  instructions  of  such  a  meetini^, 

982.  If  a  site  selected  l)y  the  qualified  electors  of  a  dis- 
trict for  a  school  house  is  afterwards  withdrawn,  anotlier 
meeting  should  be  called,  at  which  another  site  should  be 
selected. 

983.  Trustees  have  no  power  to  condemn  property  upon 
which  to  erect  a  school  building.  The  action  for  condem- 
nation must  be  had  in  a  court  of  law. 

STATE  TEXT-BOOKS. 

984.  County  Superintendents,  under  the  law,  have  no 
right  to  supply  private  schools  with  State  text-books. 
Such  schools  should  supply  themselves,  if  they  wish  these 
books,  from  retail  dealers. 

985.  A  Superintendent  can  charge  for  State  books  only 
the  cost  price  of  the  books  at  Sacramento,  with  postage,  or 
freight,  or  expressage  added.  He  cannot  receive  pay  for 
distributing  books. 

986.  The  County  Superintendent  cannot  designate  any 
particular  bookseller  as  the  sole  vendor  of  State  books,  and 
authorize  him  to  add  any  per  cent,  to  the  price  of  each 
book.    Any  retail  dealer  is  authorized  to  handle  the  books. 

987.  The  affidavit  filed  by  a  dealer  allows  him  to  sell 
books  to  any  pupils  or  dealers  in  the  State,  but  not  to 
other  dealers. 

988.  When  no  dealer  will  keep  a  supply  of  State  text- 
books on  hand,  the  Superintendent  must  do  so;  and  it  is 
the  duty  of  the  Board  of  Supervisors  to  furnish  a  revolving 
fund  for  that  purpose. 

989.  If  a  district  refuses  to  use  the  State  series  of  text- 
books, according  to  Section  1875  of  the  Political  Code,  it 
loses  twenty-five  per  cent,  of  the  apportionment  of  the 
State  School  Fund  to  which  it  may  be  entitled . 

990.  Local  book  dealers  are  not  at  liberty  to  sell  books 
of  the  State  series  at  prices  higher  than  those  fixed  by  the 
State  Board  of  Education.  If  such  dealers  do  this  they  do 
it  in  violation  of  their  affidavit,  and  are  subject  to  being 
proceeded  against  for  perjury. 

991.  Tlie  State  Board  of  Education  have  never  been 
authorized  to  puVdish  a  text-book  on  entomology;  nor  is  it 


432  OPINIONS    OF   STATE    SUPERINTENDENTS. 

their  intention  to  ask  for  such  authorization.  True,  the 
Legislature,  at  its  session  in  1889,  made  an  appropriation 
of  §15,000  to  purchase  the  plates  of  Prof.  Cook's  work  on 
this  subject ;  but  nothing  further  than  the  purchasing  of 
these  plates  has  ever  been  done,  nor  is  anything  likely  to 
be  done. 

992.  The  only  parties  who  can  order  State  text-books 
are  Superintendents  of  Schools,  Principals  of  the  State 
Normal  Schools,  Clerks  of  Boards  of  'J'rustees,  and  retail 
dealers. 

993.  No  parties  are  authorized  to  purchase  State  text- 
books from  the  State  Printer,  except  Superintendents  of 
Schools,  Principals  of  the  State  Normal  Schools,  Clerks  of 
Boards  of  Trustees,  or  retail  dealers.  If  private  parties 
desire  to  procure  these  books  they  can  get  them  from  the 
dealers  without  an  order,  or  from  the  State  Printer  upon 
presenting  a  requisition  to  the  State  Superintendent  signed 
by  the  Clerk  of  the  district. 

994.  County  Superintendents  are  allowed  by  Act  of 
March  15,  1887,  to  order  State  text-books  for  the  use  of 
teachers,  parents  and  pupils  in  their  respective  counties. 
This  should  not  be  construed  to  mean  that  they  can  order 
the  books  for  dealers.  Should  dealers  wish  to  order  bobk.«i, 
they  should  file  the  required  affidavit,  as  specified  in  Sec- 
tion ()  of  said  Act.  These  affidavits  must  be  indorsed  by 
the  County  Superintendents  and  be  filed  in  the  office  of 
the  State  Superintendent. 

995.  I  know  of  no  law  that  will  prevent  a  dealer  from 
selling  the  State  series  of  books  at  a  les.s  price  than  that 
fixed  l)y  the  State  Board  of  Education.  By  the  Act  of 
Marcli  15th,  1887,  dealers  arc  prohibited  from  selling  any 
book  for  a  price  excecd'uKj  that  fixed  by  the  State  Board. 
If  a  dealer  does  sell  for  a  liigher  price,  he  can  be  proceeded 
against  for  violation  of  his  oath.  If  any  case  of  this  kind 
is  presented  to  this  office  it  will  be  our  duty  to  attend  to 
the  matter. 

STUDIES. 

9!H).  'IVustees  and  teachers  are  not  authorizcil  to  intro- 
duce into  their  schools  any  studies  not  authorized  by  the 
County  l>oa)(l  of  lOducation  for  the?  grades  therein  repre- 
sented. 


OPINIONS   OF   .STATE   SUPERINTKXDENTS.  483 

SUPERINTENDENT  OF  SCHOOLS. 

997.  Section  1549  of  the  Political  Code  authorizes  the 
County  Superintendent  to  appoint  a  deputy;  but  such 
deputy  cannot  be  paid  out  of  the  school  funds. 

998.  The  opinion  has  been  expressed  by  this  office,  by 
ex-Attorney-General  Hart,  when  in  office,  and  by  Attor- 
ney-General Marshall,  now  in  office,  that  the  County  Su- 
perintendent of  Schools  is  entitled  to  compensation  for  his 
services  as  a  member  of  the  Board  of  Education  in  his 
county,  in  addition  to  his  salary  as  Superintendent. 

999.  The  general  supervision  of  all  the  schools — county 
and  city — was,  and  is,  in  the  County  Superintendent,  and 
the  city  school  authorities  must  make  the  proper  reports 
to  him. 

1000.  The  Political  Code,  in  Section  1770,  says  that 
"the  Board  of  Supervisors  shall  allow  to  the  members  of 
the  Board  of  Education  a  reasonable  compensation  for 
their  services."  This  language  includes  all  of  the  members 
of  the  Board,  and  the  County  Superintendent  is  one  of  the 
members.  It  cannot  be  supposed  that  the  law  was  intended 
to  discriminate  against  him.  His  labors  on  the  Board  are 
not  as  Superintendent,  but  as  a  member.  If  a  special 
charter  prescribes  a  salary  for  the  Superintendent  which 
shall  be  in  full  for  all  services,  it  undoubtedly  means  all 
services  as  Super'mtemlent.  If,  as  often  happens,  he  teaches 
a  school  also,  none  would  claim  that  under  the  charter  he 
should  not  be  paid  for  his  services  as  a  teacher.  The  opin- 
ions of  the  Attorney-General  coincide  with  these  views. 

1001.  The  law  does  not  require  a  Superintendent  to 
visit  any  school  not  in  his  own  county.  In  case  of  joint 
districts  he  should  visit  the  schools  when  they  lie  within 
his  own  county. 

■  1002.  A  County  Superintendent  has  no  legal  right  to 
retain  a  fee  for  cashing  a  school  order.  Section  923  of  the 
Political  Code  and  Section  71  of  the  Penal  Code  forbid  it. 

1003.  There  is  no  law  which  gives  the  Superintendent 
the  right  to  close  a  school. 

1004.  The  law  does  not  specify  the  qualifications  of  a 
Superintendent  of  Schools  beyond  the  point  that  he  must 
be  a  citizen.    It  is  not  necessary  that  he  should  liold  eitlier 


434    ]  OPINIONS    OF   STATE    SUPERINTENDENTS. 

a  State  diploma  or  a  county  certificate  in  order  that  he 
may  qualify  and  legally  hold  the  office. 

lOOo.  Superintendents  under  the  law  are  entitled  only 
to  their  actual  and  necessary  expenses. 

1006.  In  reply  to  a  question  submitted  by  one  of  the 
Superintendents,  Attorney-General  Hart  has  given  the 
following  opinion  : — 

"Section  1770  of  the  Political  Code,  as  amended  in 
1889,  allowing  the  Secretary  of  the  Board  of  Education  a 
per  diem,  was  approved  Mai'ch  15,  1889.  (Statutes  of 
1889,  page  172.)  The  County  (Tovernment  Act  was  ap- 
proved March  16,  1889.     (Statutes  of  1889,  page  252.) 

"  Section  211  of  the  County  Government  Act,  approved 
March  16,  1889,  and  Section  216  of  the  County  Govern- 
ment Act,  approved  March  31,  1891,  provide:  'The 
salaries  and  fees  provided  in  this  Act  shall  be  in  full 
compensation  for  all  services  of  every  kind  and  description 
rendered  by  the  officers  herein  named,  either  as  officers  or 
fx-officio  officers,'  etc.  The  County  Government  Act, 
having  been  passed  and  approved  subsequent  to  the  other 
Act,  must  govern. 

"  All  Acts  inconsistent  with  former  Acts  )-epeal  them 
by  implication.  (Pierpont  v.  Crouch,  10  Cal.,  315;  State 
V.  Conkling,  19  Cal.,  512;  City  and  County  of  Sacramento 
v.  Bird,  15  Cal.,  294.) 

"In  Billings  v.  Harvey,  6  Cal.,  381,  it  is  held:  'If  a 
statute  or  section  of  a  statute  is  re-enacted,  it  is  totally 
inconsistent  with  the  idea  that  the  old  statute  or  section 
remains  in  force  or  has  vitality  for  any  purpose.' 

"  'The  last  expression  of  the  Legislature  must  govern.' 
(People  V.  Dobbins,  75  Cal.,  257.) 

"Section  24,  Article  IV  of  the  Constitution  provides: 
*  An  Act  revised  or  section  amended  shall  be  re-enacted,' 
and  has  the  force  of  a  new  law.  (I)onlan  v.  Jewett,  de- 
cided April  1,  1891.) 

"  I  am  of  the  opinion  that  a  County  Superintendent  is 
not  entitled  to  a  per  diem  as  ex-officio  Secretary  of  the 
Board  of  Education. 

"At  the  last  session  of  the  Legislature  a  new  section 
was  added  to  the  Political  Code,  as  follows:  '4334.  In  all 
cases  in  which  any  provision  ot  law  authorizes  an  officer 
who  receives  a  salary  to  perform  an  official  act,  and  he 


OlMMONS    OF   STATE    SU  I'KIUNTEM^ENT.S.  435 

performs  such  act,  all  fees  chargeable  for  the  performance 
of  such  act  shall  be  collected  by  him  and  paid  over  to  the 
treasury  or  other  officer  authorized  by  law  to  receive  the 
same.' 

"  This  seems  to  indicate  that  the  per  diem  received  by 
the  Superintendent  of  Schools  should  be  paid  into  the 
county  treasury.  In  either  event  he  is  not  entitled  to  a 
per  diem  for  his  personal  use. " 

1007.  County  Superintendents  have  the  right,  under 
the  law,  to  appoint  a  deputy,  and,  under  the  law,  a  deputy 
can  discharge  anj-  duty  devolving  upon  the  principal.  The 
principal,  of  course,  is  responsible  for  all  acts  of  his 
deputy.  There  is  nothing  to  hinder  a  deputy  from  serving 
upon  a  County  Board  of  Education,  whether  it  be  in  the 
case  of  examinations  for  certificates  or  otherwise.  The 
deputy  should  act  as  deputy,  and  in  so  doing  he  does 
whatever  he  does  in  the  name  of  his  principal.  The  Super- 
intendent cannot  authoi'ize  any  member  of  the  Board  to 
sign  his  name.  The  deputy  can  sign  the  name  of  his 
principal  by  adding  his  own  name  as  deputy. 

lOOS.  In  June,  1887,  Attorney-General  Johnson  ren- 
dered decisions  as  follows : — 

"  The  Deputy  Superintendent  of  Public  Schools  of  the 
county  may  vote  at  a  meeting  of  the  Board  of  Education, 
in  the  absence  of  the  Superintendent. 

"Section  865  of  the  Political  Code  says:  'In  all  cases 
not  otherwise  provided  for,  each  deputy  possesses  the 
powers  and  may  perform  the  duties  attached  by  law  to 
the  office  of  the  principal.'  The  duties  of  the  Superin- 
tendent are  closely  set  forth  in  the  law." 

1009.  The  County  Superintendent  must  be  governed  by 
the  rules  of  the  County  Board  in  so  far  as  said  rules  are 
not  in  contravention  of  law.  Any  certificate  issued  in 
violation  of  saul  rules  is  illegal,  null  and  void;  and  if  the 
Superintendent  issues  a  requisition  in  payment  of  the 
salary  of  the  holder  of  such  certificate,  he  violates  the  law. 

1010.  The  Municipal  Corporation  Act  makes  no  pro- 
vision for  the  appointment  of  a  School  Superintendent  in 
cities  of  the  fifth  class.  Section  797  of  said  Act  provides 
for  the  election  of  a  Secretary  of  the  Board  of  Education 
in  such  cities;  and  Section' 804  thereof  specifies  the  duties 
of  the  Secretary.     These  duties  are  those  that  appertain 


436  OPINIONS   OK   STATE   SUPERINTENDENTS. 

to  the  position  of  Superintendent.  The  Board  of  Educa- 
tion cannot,  therefore,  employ  a  Superintendent  of  Schools 
in  cities  of  the  fifth  class  either  by  written  or  oral  con- 
tract, the  Secretary  of  the  Board  being  pi-actically  Super- 
intendent. This  Secretary  is  also  a  member  of  the  Board 
of  Education. 

1011.  Cities  of  the  fifth  class  cannot  have  a  City  Super- 
intendent of  Schools.  The  Secretary  of  the  Board  of  Edu- 
cation in  such  cities  performs  the  duties  of  Superintendent. 
This  Secretary  must  be  a  member  of  the  Board  of  Educa- 
tion. (See  Section  804  of  the  Municipal  Corporation  Act, 
Statutes  of  1883.) 

1012.  A  city  of  the  fifth  class  cannot  have  a  City  Super- 
intendent of  Schools.  The  duties  of  Superintendent  in 
such  cities  are  to  be  performed  by  the  Secretary  of  the 
Board  of  Education,  who  is  a  member  of  the  Board.  (See 
Sections  797  and  804  of  the  Municipal  Incorporation  Act. ) 

SUPPLIES. 

1013.  It  is  not  proper  for  a  teacher  to  furnish  supplies 
and  pay  for  them  out  of  his  own  means  when  the  Clerk  of 
the  Board  of  Trustees  fails  to  provide  them;  nor  would  it 
be  proper  for  the  Board  of  Trustees  to  draw  an  order  for  a 
requisition  to  pay  for  such  supplies.  Such  action  would 
establish  a  dangerous  precedent. 

1014.  Apparatus  may  be  paid  for  out  of  county  fund 
after  an  eight  months'  school  has  been  maintained.  Dic- 
tionaries may  be  paid  for  out  of  county  fund  after  an 
eight  months'  school  has  been  maintained.  Water  for  use 
in  school  buildini^s  may  l)e  paid  for  at  any  time  out  of  the 
county  fund,  it  being  a  necessary  supply  for  the  schools. 

TABLETS,  WRITING. 

1015.  The  county  fund  may  be  used  for  the  purchase  of 
writing  tal)lets  for  children  whose  parents  are  unable  to 
purchase  them. 

TAX,  SCHOOL. 

1016.  The  vote  must  be  cast  for  the  amount  mentioned 
in  the  notice  of  an  election  for  a  school  tax.  It  would  be 
illegal  if  a  vote  were  cast  for  a  sum  less  than  the  amount 
named  in  the  notice. 

1017.  In  case  of  a  tic  vote  on  the  (juestion  of  raising  a 
tax  for  improvements,  the  tax  is  defeated. 


OPINIONS   OF   STATE    SUPERINTENDENTS.  437 

1018.  According  to  Section  1830  of  the  Political  Code, 
the  calling  of  an  election  for  the  xnxrpose  of  voting  as  to 
the  levy  of  a  special  tax  for  school  purposes,  is  a  matter  of 
expediency  to  be  determined  by  the  judgment  of  the 
Trustees  of  the  district.  There  are  no  provisions  of  law 
by  which  the  Trustees  can  be  compelled  to  call  such 
election. 

1019.  There  is  no  provision  in  the  general  school  law 
which  authorizes  any  Board  of  Trustees  to  raise  money  by 
taxation  without  a  vote  of  the  people.  Sections  1  and  2 
of  the  Act  approved  February  14th,  1891,  evidently  have 
reference  to  some  special  provisions  in  the  charter  of 
cities.  The  only  plans  for  raising  money  by  taxation  are 
those  relating  to  the  district  taxes  and  bonds, 

TEACHERS. 

1020.  The  law  does  not  compel  Trustees  to  employ  more 
teachers  than  are  necessary  to  do  well  the  work  of  the 
district,  no  matter  for  how  many  teachers  money  is  appor- 
tioned. The  word  "teachers,"  as  used  in  Section  1858,  is 
merely  for  con^-enience,  and  means  simply  "  seventy  cen- 
sus children." 

1021.  A  teacher  has  no  legal  claim  upon  either  the 
Trustees  as  such,  or  upon  the  district  for  salary  for  the 
excess  of  time  taught  by  such  teacher  beyond  that  for 
which  the  public  money  to  the  credit  of  the  district  will 
pay.     (See  Section  1623  of  the  Political  Code.) 

1022.  The  seventh  subdivision  of  Section  1617  of  the 
Political  Code  gives  the  exclusive  power  of  employing 
teachers  to  the  Board  of  Trustees  of  the  district;  and,  of 
course,  the  will  of  the  majority  is  the  will  of  the  Board. 

1023.  The  Trustees  have  power  to  employ  as  many 
teachers  as  they  choose,  and  as  they  are  able  to  employ. 
It  matters  not  how  many  teachers  are  assigned  to  the  dis- 
trict in  apportioning  the  State  and  county  funds;  but  no 
more  money  for  these  funds  will  be  received  than  goes  by 
law  to  the  number  of  teachers  assigned  to  the  district.  If 
the  people  choose  to  raise  more  money  by  local  tax,  the 
law  points  out  how  it  may  be  done.     (Section  1830.) 

1024.  A  district,  by  reason  of  a  large  census  roll,  is  en- 
titled to  four  teachers.  The  Trustees  will,  however,  ap- 
point but  three.     Is  there  any  way  for  the  Superintendent 


438  OPINIONS   OF   STATE   SUPERINTENDENTS. 

to  compel  them  to  employ  the  number  of  teachers  his  judg- 
ment demands  that  they  should  have?  The  spirit  of  the 
law  is  that  four  teachers  should  be  employed;  and  it  is 
one  of  the  wisest  provisions  of  the  law,  for  no  teacher  can 
teach  over  seventy  children  to  the  benetit  of  the  scholars. 
But  there  is  no  method  provided  in  the  Jaw  by  which  the 
Superintendent  can  compel  the  Trustees  in  tins  respect  to 
obey  the  law,  if  they  are  disposed  willfully  to  violate  its 
intention  and  spirit.  There  is  no  statute  authorizing  the 
Superintendent  to  interfere;  and  the  law  is  that  the 
powers  and  duties  of  a  Superintendent  of  Schools  are  de- 
rived entirely  from  statute.  He  can  exercise  only  such 
powers  as  are  especially  granted,  or  are  incidentally  neces- 
sary to  carry  the  same  into  eflfect.  (Ratcliff  v.  Faris,  6 
Neb.,  539,  544;  Beers  v.  Board  of  Education,  72  111.,  508.) 

1025.  The  Trustees,  and  the  Trustees  alone,  have  the 
authority  to  employ  a  teacher.  A  teacher  has  no  right  to 
employ  an  assistant.  The  Trustees  must  employ  all  teach- 
ers. If  a  teacher  becomes  sick,  he  cannot  employ  another 
teacher  to  take  his  place.  The  Trustees  must  supply  that 
other  teacher;  and  that  other  teacher  must  be  paid  what 
the  Trustees  have  agreed  to  pay  him,  not  what  others  have 
agreed  to  pay. 

1026.  It  is  the  number  of  census  children  enrolled  that 
determines  the  number  of  teachers  to  which  a  district  is 
entitled.  The  employment  of  the  full  number  of  teachers 
to  which  a  district  is  entitled,  or  a  less  number,  is  left  en- 
tirely to  the  discretion  of  the  Trustees,  There  might  be 
500  children  in  a  district,  and  only  300  of  them  attending 
the  public  schools.  It  would  not  be  fair  to  oblige  them  to 
employ  seven  teachers  when  that  number  was  not  abso- 
lutely needed. 

1027.  There  is  nothing  in  the  law  to  prevent  the  wife  of 
a  Trustee  from  being  employed  as  a  teacher  in  the  district 
in  which  he  is  a  Trustee,  providing  her  (jualitications  are 
such  as  are  recpiired  by  law  and  by  the  County  Board.  A 
wife's  earnings  are  her  own,  if  slie  so  wills,  as  they  cannot 
1)6  attached  for  the  husband's  debts.  Hence  the  husband 
is  not  interested  in  her  contract  to  teach. 

1028.  A  teacher  elected  without  notice  having  been 
given  to  all  the  Trustees  of  the  meeting  called  for  that 
purpose,   is  not   legally  elected.     If  the  teacher  does  not 


OPINIONS   OF   STATE   SUPKRTNTENDENTS.  439 

fulfill  the  law  as  laid  down  in  Section  1696,  subdivision  first 
and  second,  the  Superintendent  is  not  only  justified  in 
withholding  the  warrant  for  her  salary,  but  it  is  manifestly 
his  duty  to  do  so. 

1029.  Without  doubt  a  teacher  has  a  right  to  search  a 
pupil's  desk  if  he  has  suspicion  of  anything  improper,  and 
it  is  his  duty  to  do  so  if  he  has  any  such  suspicion.  The 
law  makes  it  obligatory  upon  teachers  to  teach  morals  and 
manners  in  all  things.  Pictures  or  letters  of  a  bad  ten- 
dency should  be  deemed  contraband,  and  be  confiscated. 
The  desk  does  not  belong  to  the  pupil ;  he  is  allowed  only 
the  use  of  it. 

1030.  In  a  town  in  which  only  two  teachers  are  employed 
the  Trustees  are  not  i-equired  to  engage  a  teacher  of  two 
years'  experience  for  the  primary  department. 

1031.  According  to  the  law,  teachers  must  be  elected  at 
a  regular  meeting  of  the  Board,  notice  of  which  must  be 
sent  to  each  member. 

1032.  A  teacher,  whose  work  is  more  than  he  can  well 
attend  to,  has  no  authority  to  employ  an  assistant  who  has 
no  certificate,  even  though  he  does  so  out  of  his  own  means. 
Doing  this  would  render  his  district  liable  to  forfeiture  of 
apportionment.  Section  18G0  of  the  Political  Code  is  im- 
perative on  this  point. 

1033.  A  County  Superintendent  or  a  Board  of  Education 
have  no  authority  for  granting  a  teacher  the  privilege  of 
absenting  himself  from  an  institute  for  the  purpose  of  vis- 
iting schools  in  another  county. 

1034.  If  there  is  any  question  as  to  a  teacher's  privilege 
to  leave  the  school  premises  at  the  noon  recess,  he  should 
be  guided  by  the  instructions  of  the  Board  of  Trustees. 

1035.  Teachers  must  confine  their  instruction  to  the 
course  of  instruction  prescribed  for  the  schools  of  the 
county  or  city.  They  are  not  at  liberty  to  connect  normal 
school  work  with  that  of  schools  of  other  grades. 

1036.  When  a  teacher  is  employed  to  teach  a  school,  that 
teacher  is  under  the  control  of  the  Trustees,  and  the  school 
should  be  opened  in  the  school- house,  not  in  a  private  house. 

1037.  It  is  certainly  very  inadvisable  for  a  teacher  who 
has  several  grades  in  her  school  to  allow  older  pupils  to 

14 


440  OPINIONS    OF   STATE   SUPERINTENDENTS. 

teach  the  younger  ones,  and  in  my  opinion  it  is  contrary  to 
law,  for  teachers  who  do  not  hold  certificates  of  qualifica- 
tion have  no  right  to  teach  in  the  public  schools. 

1038.  It  is  entirely  discretionary  with  the  Trustees  of  a 
district  to  employ  the  entire  number  of  teachers  to  which 
the  district  is  entitled  according  to  the  number  of  census 
children,  or  to  employ  any  less  number.  The  needs  of  the 
school  should  determine  the  number  of  teachers  to  be  em- 
ployed. It  may  happen,  and  often  does  happen,  that  a 
district  by  census  would  be  entitled  to  draw  money  for  four 
or  five  teachers,  when  from  attendance  not  over  two  teach- 
ers are  needed.  This  question  has  been  decided  several 
times  by  the  Attorney -General  in  accord  with  the  opinion 
above  expressed.  The  census  forms  no  factor  in  determin- 
ing the  number  of  teachers  to  be  employed. 

1039.  The  Board  of  P]ducation  or  Board  of  Trustees  of 
any  district  has  the  right  to  require  the  teacher  to  be  pres- 
ent at  the  school  at  whatever  time  in  the  morning  they  may 
deem  proper  and  necessary.  The  time  ought  to  be  a  rea- 
sonable one.  I  think  the  rule  of  the  State  Board  of  Edu- 
cation, Section  1,  page  230  of  the  School  Law,  is  a  very 
reasonable  rule  and  should  be  observed. 

1040.  Any  teacher  employed  by  a  Board  of  Trustees  for 
a  specified  time  who  leaves  the  school  before  the  expiration 
of  such  time  without  the  written  consent  of  the  Trustees, 
shall  be  deemed  guilty  of  unprofessional  conduct,  and  the 
Board  of  Education  are  authorized  to  suspend  the  certificate 
of  such  teacher  for  the  period  of  one  year. 

1041.  There  is  nothing  in  the  law  that  will  prevent  a 
teacher  from  giving  instruction  to  pupils  outside  of  school 
hours,  except  that  when  the  teacher  is  a  member  of  a  Board 
of  Education  he  is  not  at  liberty  to  specially  train  pupils 
for  teachers'  examinations.  If  the  Trustees  desire  to_per- 
mit  a  teacher  to  use  the  school  building  for  the  purpose  of 
giving  instruction  to  pupils  outside  of  the  regular  school 
hours,  they  are  at  liberty  to  do  so. 

TEACHERS,    ELECTION   OF. 

1042.  If  Trustees  hold  a  meeting  immediately  after  the 
election  of  Trustees  and  elect  teachers  at  such  meeting,  or 
if  they  elect  teachers  at  any  time  during  the  month  of 
June  for  the  succeeding  school  year,  such  election  will  be 


OPINIONS   OF   STATE    SUPERINTENDENTS.  441 

null  and  void.  Trustees  can  enter  into  no  contract  with 
teachers  which  extends  beyond  the  HOth  day  of  June  in 
the  year  in  which  such  contract  is  made.  Teachers  for 
next  year  cannot  be  legally  elected  prior  to  the  1st  day  of 
July.  A  newly  elected  Trustee  cannot  enter  upon  the  dis- 
charge of  his  duties  prior  to  the  1st  day  of  July  following 
his  election  ;  hence  the  proceedings  of  any  meeting  in 
which  sucli  newly  elected  Trustee  took  a  part  would  be 
null  and  void.  In  either  case  the  teachers  cannot  hold  the 
Trustees  liable. 

1043.  Teachers  can  be  employed  only  at  a  meeting  of  the 
Board  of  Trustees.  Trustees,  according  to  Section  1617, 
Subdivision  1,  can  transact  business  only  at  regular  or 
special  meetings.  Any  business  transacted  in  violation  of 
this  provision  is  illegal  and  void. 

1044.  The  election  of  a  teacher,  unless  made  at  a  regular 
meeting,  or  at  a  special  meeting  of  which  every  member 
lias  had  notice,  is  illegal  and  void.  Subdivision  1  of  Sec- 
tion 1617  of  the  Political  Code  is  perfectly  plain. 

TEACHERS,    SPECIAL. 

1045.  A  Board  of  Trustees  may  employ  a  teacher  of 
Spanish,  over  and  above  the  studies  prescribed  by  law  ; 
but  the  County  Board  of  Education  must  first  authorize 
the  teaching  of  Spanish,  and  they  alone  can  grant  the 
special  certificate.     This  must  be  had. 

1046.  Teachers  of  special  branches  must  hold  certificates. 
A  district  that  employs  an  uncertificated  teacher  forfeits 
its  apportionment. 

TEACHERS,    SUBSTITUTE. 

1047.  Xo  teacher  is  entitled  to  draw  money  for  teaching 
a  grammar  grade,  unless  she  holds  a  first  or  grammar  grade 
certificate.  Subdivision  15  of  Section  1543,  says  that  no 
teacher  holding  a  certificate  beloir  the  grade  of  the  school 
shall  be  allowed  to  teach  the  same.  This  would  prevent 
the  employment  of  substitutes  in  grammar  grades  who 
hold  certiticates  of  the  second,  or  primary  grade. 

1048.  The  holder  of  an  expired  certificate  cannot,  even 
with  the  consent  of  the  Trustees,  act  as  a  substitute  for 
another  teacher.  Xo  person  who  is  not  the  holder  of  a 
legal  certificate  in  full  force  and  eflfect,  has  a  right  to  teach 
in  the  public  schools. 


442  OPINIONS    OF   STATE   SUPERINTENDENTS. 

1049.  A  person  who  does  not  hold  a  certificate  cannot 
legally  teach  in  any  public  school,  and  the  Superintendent 
would  be  violating  the  law  if  he  drew  a  warrant  in  pay- 
ment for  the  services  of  a  substitute  in  a  city  school,  or  in 
any  other  public  school. 

1050.  No  teacher  has  any  right  or  authority  to  hire  a 
substitute  for  any  time  whatever;  this  must  be  done  by 
the  Trustees,  and  the  party  employed  must  be  the  holder 
of  a  legal  certificate  in  full  force.  The  order  for  the  salary 
of  a  substitute  teacher  must  be  made  in  favor  of  the  sub- 
stitute. 

TERMS,    MEANING   OF. 

1051.  "Two  miles  from  a  school-house"  means  by  the 
usually  traveled  road  or  trail,  and  not  an  air-line.  Dis- 
tances from  county  seats  to  the  State  capital  or  State  prison 
are  computed  by  the  usually  traveled  route,  and  the  same 
applies  to  the  language  "two  miles  from  any  school-house," 
as  used  in  Section  1577. 

1052.  An  ungraded  school  is  one  in  which  the  various 
grades  or  classes  are  all  taught  by  one  teacher ;  a  graded 
school  is  one  in  which  each  teacher  has  but  one  grade,  or 
at  most  two,  under  his  charge. 

1053.  The  first  school  month  means  the  first  four  weeks 
of  the  school  term,  including  legal  holidays,  should  any 
occur  ;  the  second  school  month  means  the  second  four 
weeks  of  the  school  term,  including  legal  holidays,  and 
so  on. 

1054.  An  old  bachelor  or  a  young  one,  who  is  keeping 
house,  but  who  has  no  child  or  children  under  his  guar- 
dianship, is  not  the  head  of  a  family  as  contemplated  in  the 
law.  The  ownership  of  land  does  not  figure  in  such  a 
case.     (See  Civil  Code,  Section  1261.) 

1055.  "  One  year  "  means  the  period  of  tM'elve  calendar 
months,  and  not  the  period  during  which  the  school  was 
maintained  during  the  year. 

]05r).  The  words  "exclusively  for  the  support  of  schools," 
mean  that  the  funds  are  to  he  used  for  whatever  is  abso- 
lutely necessary  to  enable  schools  to  be  maintained  for  the 
eight  months  in  the  year;  that  is,  for  the  payment  of  teach- 
ers' salaries,  purchase  of  fuel,  purchase  of  necessary  sup- 


OPINIONS    OF    STATE   SUPKRINTENDENTS.  443 

plies,  payment  of  janitors,  etc.  These  words  shut  out 
repairs  on  buildings,  school  furniture,  painting,  wood  for 
the  ensuing  term  and  everything  not  actually  necessary. 

TEXT-BOOKS. 

1057.  Section  1874  requires  that  Boards  of  Education 
shall,  "immediately  upon  their  publication,"  file  copies  of 
newspapers  containing  advertisements  inviting  proposals 
for  changes  of  text-books  in  the  office  of  the  Superintendent 
of  Public  Instruction.  It  is  to  be  presumed  that  the  Leg- 
islature, at  the  time  of  the  passage  of  this  provision,  un- 
derstood that  there  was  some  object  to  be  attained  by 
inserting  it  in  the  law.  A  compliance  with  this  provision 
is  as  essential  as  is  a  compliance  with  any  other  legislative 
declaration.  The  local  ofiicer  in  any  instance  having  failed 
to  observe  this  provision,  their  proceedings  are  illegal,  and 
not  in  compliance  with  the  mandates  of  the  law.  Such  an 
omission  is  a  clear  failure  of  official  duty,  and,  if  permitted, 
would  have  the  effect  of  entirely  defeating  the  object  which 
the  Legislature  had  in  view  in  the  passage  of  this  provision 
of  the  law.  It  is  a  well-known  rule  of  construction  that 
officers  in  the  performance  of  statutory  duties  are  required 
strictly  to  follow  those  provisions  which  specify  the  manner 
in  which  they  shall  obtain  jurisdiction  to  do  a  particular 
act,  and  any  failure  in  this  respect  violates  the  entire  pro- 
ceedings. 

While  the  question  as  to  what  constitutes  a  reasonable 
time  in  which  to  file  a  copj'  of  the  advertisements  is  one 
largely  within  the  discretion  of  the  Board,  still,  in  any 
case,  where  the  delay  was  such  as  to  defeat  the  provision, 
the  courts  would  undoubtedly  review  the  action  of  the 
Board,  and  would  probably  set  aside  the  proceedings. 

1058.  Copy-books  are  text-books,  and  can  be  supplied 
bj'  the  district  only  to  children  M'hose  parents  are  unable 
to  furnish  them.  Section  1620  does  not  apply  to  copy- 
books. 

1059.  Subdivision  second  of  Section  1874  of  the  Political 
Code,  refers  to  change  of  text-books,  and  not  to  an  original 
adoption  ;  and,  therefore,  does  not  circumscribe  the  action 
of  a  Board  of  Education  in  selecting  those  additional  text- 
books necessary  for  the  purpose  of  the  school. 

1060.  There  is  nothing  in  the  law  to  prevent  the  adop- 


444  OPINIONS   OF   STATE    SUPERINTENDENTS. 

tion  of  a  text-book  at  any  time.  The  book  adopted,  how- 
ever, must  remain  in  force  for  four  years.  As  no  change 
can  he  made  at  any  other  time  than  in  the  months  of  May 
or  June,  a  book  adopted  after  those  mouths  could  not  be 
changed  at  the  time  that  the  Board  will  next  advertise  for 
proposals  for  changes  of  other  text-books,  but  the  book 
adopted  would  have  to  remain  unchanged  for  nearly  five 
years. 

1061.  A  book  from  which  no  instructions  are  given, 
merely  used  to  sing  an  opening  piece  from,  cannot  be  con- 
sidered a  text-book  ;  and  if  the  scholars  are  not  compelled 
to  buy  it,  and  it  does  not  interfere  with  the  prescribed 
course  of  study,  there  can  be  no  objection  to  its  use. 

1062.  No  book  can  be  used  as  a  text-book  that  is  not  on 
the  list  adopted  by  the  County  Board  of  Education.  The 
County  Board  cannot  authorize  the  use  of  books  not  on  the 
list  adopted  by  them,  after  having  adopted  a  list  to  be 
used  in  the  public  schools  of  the  county. 

1063.  Song  books  are  text-books,  and  cannot  be  pur- 
chased with  the  library  fund. 

1064.  If  a  certain  class  of  books  is  not  furnished  by  the 
State  Board,  under  Article  IX,  Section  7,  of  the  Constitu- 
tion, then  Section  1874  of  the  Political  Code  is  not  super- 
seded as  to  such  books.  In  regard  to  text-books  not  now 
provided  for  by  the  State,  or  not  yet  prepared  under  the 
authority  of  the  State,  I  thmk  the  County  Boards  have 
the  authority  to  adopt  the  same,  and  the  contracts  made 
should  be  until  the  State  shall  provide  such  books,  but,  in 
any  event,  not  to  exceed  four  years.  (Attorney -General 
Johnson,  January,  1888. 

1065.  A  County  Board  of  P^ducation  cannot  prescribe  in 
the  course  of  study  two  sets  of  text- books  to  be  used  by 
the  pupils. 

1066.  Copy-books  are  text-books,  and  they  should  be 
furnished  by  the  pupils  themselves. 

10G7.  County  Boards  of  Education  have  the  power,  and 
it  is  their  duty,  to  prescribe  and  enforce  a  uniform  series 
of  text-books,  according  to  Section  1771  of  the  Political 
Code,  in  regard  to  suljjects  upon  which  the  State  publishes 
no  books.  Tliey  must  proceed  under  tlie  provisions  of 
Section  1874  of  the  Political  Code,  according  to  the  ruling 


OPINIONS    OF   STATE   SUPERINTENDENTS.  445 

of  the  Attorney-General.  When  books  have  been  adopted 
under  contract,  in  pursuance  of  Section  1874,  and  the  time 
of  the  contract  has  expired,  the  same  books  must  be  con- 
tinued in  use,  until  legally  cbanged,  in  accordance  with 
the  provisions  of  Section  1874.  County  Boards  cannot 
legally  make  changes  in  text-books  at  any  time  or  in  any 
other  manner  than  as  provided  by  law,  as  given  in  Section 
1874,  except  so  far  as  the  State  publishes  the  books. 

1068.  Trustees  can,  in  no  case,  determine  the  books  to 
be  used  in  their  districts. 

1069.  A  "  recommendation  "  cannot,  in  any  sense,  be 
considered  equivalent  to  an  adoption  legally  made;  there- 
fore, a  recommendation  of  a  County  Board  would  have  no 
legal  effect. 

1070.  If  a  certain  text-book  is  in  use,  with  whose  pub- 
lishers the  contract  has  expired,  and  the  County  Board  of 
Education  "recommended"  the  use  of  a  different  l)ook, 
districts  following  such  recommendation  and  introducing 
such  new  book  to  the  exclusion  of  the  old,  would  l)e  liable 
to  the  loss  of  twenty-five  per  cent,  of  their  State  School 
Fund,  according  to  Section  1875  of  the  Political  Code. 
Attorney-General  Johnson  says:  "  If  the  text-book  recom- 
mended was  not  legally  adopted  by  the  County  Board,  as 
provided  in  Section  1874  of  the  Political  Code,"  the  dis- 
trict would  be  liable  to  lose,  as  above  stated. 

TIME,  IN  SCHOOL  TERM. 

1071.  The  time  lost  by  Institute  and  legal  holidays  has 
no  connection  with  tlie  estimate  for  the  eight  months  in 
which  school  must  be  taught.  If  a  party  has  taught  eight 
months,  including  the  holidays  and  Institute  week,  in  the 
eye  of  the  law  school  has  been  maintained  eight  months. 
It  is  not  necessary  to  make  up  loss  of  time  occasioned  by 
legal  holidays  or  Institute  days. 

TOBACCO. 

107*2.  If  it  proves  that  a  pupil  uses  tobacco,  except  by 
direction  or  advice  of  his  doctor,  he  should  be  directed  not 
to  use  it;  if  he  continues  to  use  it,  he  should  be  punished 
for  disobedience  to  the  direction. 

TRANSFER  OF  CHILDREN. 

1073.    Subdivision  15  of  Section  1617  of  the  Political 


446  OPINIONS    OF   STATE   SUPERINTENDENTS. 

Code  does  not  give  power  to  the  Trustees  of  one  district  to 
receive  children  from  another  district,  when  contrary  to 
the  wishes  of  the  latter. 

1074.  The  arrangement  to  transfer  pupils  from  one  dis- 
trict to  another  must  be  made  by  the  Trustees  of  both  dis- 
tricts, and  to  the  mutual  satisfaction  of  both. 

1075.  Section  1617  of  the  Political  Code  provides  that 
the  Trustees  of  a  school  district  have  power  to  make  ar- 
rangements with  the  Trustees  of  any  other  district  for  the 
attendance  of  such  children  in  the  school  of  either  district 
as  may  be  best  accommodated  therein.  It  is  a  matter  left 
to  the  discretion  of  the  district  Trustees,  and  they  are  not 
compelled  to  admit  to  the  school  the  scholars  residing  in 
other  districts. 

1076.  If  no  arrangements  have  been  made  for  the  attend- 
ance of  children  in  a  district  other  than  that  in  which 
they  reside,  the  Trustees  of  the  disti'ict  in  which  they  de- 
sire to  attend  must  exclude  them. 

1077.  The  arrangement  for  the  attendance  of  children  in 
a  district  not  their  own  must  be  made  by  the  Trustees  of 
both  districts.  It  is  only  when  they  cannot  agree  that  the 
County  Superintendent  may  interfere,  and  then  upon  ap- 
peal to  him  by  the  parents  of  such  children. 

1078.  By  subdivision  IStJc  of  Section  1617  of  the  To- 
litical  Code,  the  Trustees  have  power  to  make  arrange- 
ments with  the  Trustees  of  any  other  district  about  the 
attendance  of  children  not  belonging  therein,  and  in  case 
of  non-agreement,  the  matter  is  remitted  to  the  decision 
of  the  County  Superintendent.  Children  from  outside  the 
district,  if  not  admitted  under  this  provision  of  the  law, 
have  no  rhjJit  to  free  education  in  that  school.  If  admitted 
as  pay  scholars,  it  is  for  the  Trustees  to  admit  or  refuse, 
and  to  settle  the  amount  of  tuition  to  be  paid  by  the  non- 
resident pupils. 

1079.  Subdivision  15  of  Section  1617  gives  the  Superin- 
tendent the  power  to  allow  children  to  attend  school  in 
such  district  as  their  parents  may  select,  upon  tlie  appeal 
mentioned  in  that  section. 

1080.  Children  residing  in  one  district  can  be  permitted 
to  attend  school  in  anothci- district  only  by  mutual  arrange- 
ment between  the  lioards  of  Trustees  in  both  districts. 


OPINIONS   OF   STATE    SUPERINTENDENTS.  447 

The  arrangement  cannot  be  made  by  one  Trustee,  but  by 
the  Trustees  of  the  district  in  which  the  children  live  with 
the  Trustees  of  the  district  in  which  the  childi-en  wish  to 
attend.  No  individual  Trustee  has  any  power  to  perform 
any  act,  except  as  authorized  by  the  Board  of  Trustees. 

1081.  Section  1617,  subdivision  15,  clearly  indicates 
that  the  arrangement  for  pupils  attending  schools  out  of 
their  own  district  must  be  made  by  a  concurrence  on  the 
part  of  the  Trustees  of  both  districts  and  not  simply  with 
the  Trustees  of  the  district  in  which  the  pupils  wish  to  at- 
tend. Proper  discipline  in  the  schools,  if  nothing  else, 
would  demand  that  the  pupils  should  have  the  consent  of 
the  Trustees  in  their  own  district  before  they  can  be  trans- 
ferred to  another. 

1082.  Under  the  law  Trustees  in  one  district  are  not 
authorized  to  receive  pupils  from  another  district  without 
mutual  arrangement  between  both  bodies  of  Trustees,  ex- 
cept, after  appeal  to  the  Superintendent,  that  officer  de- 
cides in  favor  of  the  applicant  for  transfer.  The  law  pre- 
supposes satisfactory  reason  for  the  transfer  of  pupils  from 
one  district  to  another. 

TRAVELING  EXPENSES. 

1083.  In  my  opinion,  the  necessary  traveling  expenses 
incurred  by  the  Superintendent  in  visiting  schools  is  as 
much  a  proper  charge  against  the  county  as  ai'e  stationery, 
lights,  fuel,  etc.,  for  his  office.  In  fact,  as  I  view  it,  the 
Board  of  Supervisors  of  the  county  could,  with  as  much 
consistency,  refuse  to  furnish  the  Superintendent  an  office 
room  as  to  refuse  to  allow  him  his  necessary  expenses  in- 
curred in  visiting  the  schools  of  the  county.  (Attorney- 
General  A.  L.  Hart,  February,  1882. 

1084.  The  County  Superintendent  of  Schools  is  entitled 
to  the  payment  of  his  necessary  traveling  expenses. 

1085.  Subdivision  sixth  requires  every  Superintendent 
of  Schools  of  a  county  to  visit  every  school  within  his 
county  at  least  once  during  every  year  of  his  term  of  office. 
The  first  year  commences  as  soon  as  he  takes  office.  The 
law  does  not  expect  impossibilities,  and  therefore  the  Su- 
pervisors should  provide  the  means  to  enable  him  to  dis- 
charge his  duty  in  this  respect;  that  is,  they  should  pay 
his  traveling  expenses. 


448  OPIXIO>"S    OF   STATE   SUPERINTENDENTS. 

1086.  Section  164  of  the  County  Government  Act  has  no 
bearing  upon  the  traveling  expenses  of  a  County  Superin- 
tendent; it  relates  to  the  compensation  which  public  officers 
receive  in  the  shape  of  salary  or  fees.  Traveling  expenses 
are  neither  fees,  nor  salaries,  nor  compensation.  The  pre- 
sumption of  law  is  that  the  Supervisors,  in  performing 
their  duty,  will  allow  such  claims  for  traveling  expenses 
as  are  identical  in  amount  with  the  sum  advanced  by  the 
Superintendent  in  the  performance  of  his  duty.  As  the 
Superintendent  neither  gains  nor  loses  by  the  operation, 
he  is  merely  reimbursed,  not  compensated.  His  onlj' com- 
pensation comes  out  of  his  salary.  Nor  is  there  anything 
in  the  County  Government  Act  which  can  be  construed  as 
repealing  Section  1552  of  the  Political  Code.  If  it  is  un- 
repealed, it  is,  of  course,  as  imperative  as  any  other  provi- 
sion of  law. 

1087.  The  salary  of  a  County  Superintendent  is  in  com- 
pensation for  all  services  performed;  but  the  traveling  ex- 
penses while  in  the  performance  of  duty  are  a  totallj^  dif- 
ferent thing.  They  are  not  in  the  nature.of  compensation, 
or  part  compensation  for  services,  nor  in  any  sense  emolu- 
ments. But  they  are  reimbursements  for  the  reasonable 
and  actual  outlays  necessarily  made  by  the  County  Super- 
intendent in  the  performance  of  his  duties.  It  would  be 
unreasonable  and  unjust  to  require  that  officer  to  defray 
these  traveling  expenses  out  of  his  own  pocket,  and  would 
result  inevitably  in  the  poor  discharge,  or  in  the  non- 
discharge  of  his  duty — a  result  which  could  never  have 
been  the  intent  of  the  law. 

108S.  Whoever  travels  will  certainly  find  that  his  hotel 
bills  are  a  part  of  his  actual  traveling  expenses,  and  there 
is  no  doubt  that  Section  1532  should  be  construed  to  in- 
clude such  bills. 

1089.  Attorney-General  Johnson  has,  since  the  last 
session  of  the  Legislature,  given  it  as  his  opinion  that  a 
provision  for  the  payment  of  the  traveling  expenses  of  a 
County  Superintendent  of  Schools  is  not  providing  an  in- 
crease of  salary,  but  a  reimbursement  for  moneys  paid  out. 

1090.  John  G.  Pressley,  Superior  Judge  of  Sonoma 
County,  in  the  case  of  F.  McG.  Martin  v.  Sonoma  County, 
decided  as  follows: — 


OPINIONS    OF   .STATE   SUPERINTENDENTS.  449 

"  This  is  an  action  brought  by  the  County  Superintend- 
ent of  Schools  for  the  amount  of  her  actual  and  necessary 
traveling  expenses  in  visiting  schools. 

"The  present  incumbent  was  elected  in  1S8G,  and  went 
into  office  on  the  Hrst  Monday  in  January,  1887.  Sonoma 
county,  for  the  purpose  of  fixing  the  salaries  of  officers,  is 
a  county  of  the  sixth  class.  Section  168  of  the  County 
Government  Act  fixes  the  salary  of  the  Superintendent  of 
Schools  at  two  thousand  dollars. 

"Section  1552  of  the  Political  Code  was  amended  by 
the  Legislature  at  the  session  of  1889  so  as  to  read: 

"'Section  1552.  Each  County  Superintendent  shall  re- 
ceive his  actual,  necessary  traveling  expenses,  said  ex- 
penses to  be  allowed  by  the  Board  of  Supervisors,  and  to 
be  paid  out  of  the  County  General  Fund,  provided  this 
amount  shall  not  exceed  ten  dollars  per  district  per  annum. 
He  shall  also  be  allowed  postage  and  expressage,  payable 
out  of  the  County  School  Fund,  two  dollars  for  each  school 
district;  jyrovided,  that  in  incorporated  cities,  each  school 
containing  three  hundred  pupils  shall  be  considered  equal 
to  one  school  district.' 

"By  Section  9  of  Article  II  of  the  Constitution  it  is 
provided  that  '  The  compensation  of  any  county,  city, 
town,  or  municipal  officer  shall  not  be  increased  after  his 
election  or  during  his  term  of  office;  nor  shall  the  term  of 
any  such  officer  be  extended  beyond  the  period  for  which 
he  is  elected  or  appointed. ' 

"It  is  now  contended  on  the  part  of  the  county  that 
Section  1552  of  the  Political  Code  is  not  applicable  to 
officers  who  were  then  elected,  because  to  make  it  so  ap- 
plicable would  be  an  increase  of  compensation,  and,  there- 
fore, in  conflict  with  the  Constitution. 

"The  words  'compensation'  and  'salary'  are  used  in 
the  Constitution  synonymously.  (See  Sections  21  and  24, 
Article  VI;  Section  2,  Article  IX.)  It  is  this  '  salary  '  or 
'  compensatian  '  which  the  Legislature  is  forbidden  to  in- 
crease. But  I  do  not  perceive  how  the  actual  expenses  of 
holding  office,  that  must  necessarily^  be  paid  by  the  officer 
before  any  official  duty  can  be  performed,  can  be  called 
salary  or  compensation.  Xo  case  has  been  decided  by  our 
Supreme  Court  directly  in  point;  but  the  Constitution  of 
the  State  of  Illinois,  in  respect  to  increasing  compensation 
of  officers,  is  like  the  Constitution  of  this  State.     In  the 


450  OPINIONS    OF   STATE   SUPERINTENDENTS. 

case  of  Briscoe  v.  Clark  County,  10  Rep.,  141,  the  Su- 
preme Court  of  that  State  held  that  it  was  the  compen- 
sation for  the  personal  discharge  of  official  duty  that  the 
Board  of  Supervisors  could  not  raise,  and  that  the  expenses 
were  to  be  determined  by  the  necessity  which  the  business 
of  the  office  should  develop.  That  being  so,  the  allowance 
for  expenses  could  be  increased.  The  expenses  incidental 
to  the  discharge  of  the  duties  of  many  of  the  offices,  both 
State  and  count}',  are  paid  from  the  public  treasury;  and 
I  have  never  heard  it  contended  that  such  payment  could 
be  considered  as  'compensation'  or  'salary.''  Clerks,  As- 
sessors and  Recorders  are  required  by  law,  as  a  part  of 
their  duties,  to  record  in  the  proper  books  the  proceedings 
of  the  Courts,  the  assessment  of  property  and  the  convey- 
ance of  property.  As  a  matter  of  fact  the  necessary  books 
for  these  records  have  always  been  provided  at  the  public 
expense;  and  I  have  heard  no  question  raised,  nor  has  it 
ever,  to  my  knowledge,  been  contended  that  the  price  of 
these  books  should  be  paid  out  of  the  amount  allowed 
these  officers  for  compensation  or  salary. 

"By  the  Constitution  of  1879  it  is  provided.  Section  17, 
Article  VI:  'Justices  of  the  Supreme  Court  and  Judges  of 
the  Superior  Court  shall  severally,  at  stated  times,  during 
their  continuance  in  office,  receive  for  their  services  a 
compensation  which  shall  not  be  increased  or  diminished 
after  their  election.'  The  Justices  of  the  Supreme  Court, 
created  by  the  Constitution,  were  elected  in  1879.  In 
April,  1880,  Section  47  of  the  Code  of  Civil  Procedure  was 
passed  by  the  Legislature.  That  section,-  among  other 
things,  provides  that  '  The  Justices  and  officers  of  the 
Supreme  Court  shall  be  allowed  their  actual  traveling  ex- 
penses in  going  to  and  from  their  respective  places  of  resi- 
dence upon  the  business  of  the  Court,  or  to  attend  its  ses- 
sions.' The  constitutionality  of  this  provision  for  paying 
the  expenses  of  the  Justices  and  officers  of  the  Court  has 
not  been  questioned  in  any  judicial  proceeding.  And  I 
can  hardly  iielieve  that  the  learned  and  conscientious  Jus- 
tices of  the  highest  tribunal  of  the  State  would  allow  their 
necessary  traveling  expenses,  in  addition  to  their  salaries, 
to  be  paid  out  of  the  public  treasury,  unless  they  were 
well  satisfied  that  such  payment  was  not  an  increase  of 
compensation  for  their  services.  The  receipt  of  these  ex- 
penses by  these  eminent  jurists  amounts  practically  to  an 


OPINIONS    OF   STATE   SUPERINTENDENTS.  451 

expression  of  opinion  by  them  that  the  law  under  which 
these  payments  were  made  is  not  in  conflict  with  the  Con- 
stitution. 

"I  can  see  no  difference  between  the  payment  of  the 
expenses  of  these  Justices  and  those  of  the  Superintendent 
of  Schools. 

"  It  was  contended  that  Section  32  of  Article  IV  of  the 
Constitution  prevents  the  application  of  Section  15o'2  of 
the  Political  Code  to  the  payment  of  expenses  of  officers 
who  had  been  elected  when  the  section  was  amended.  I 
am  of  the  opinion  that  the  '  extra  compensation  or  allow- 
ance '  which  the  Legislature  has  no  power  to  grant,  or 
authorize  any  county  or  municipal  authority  to  grant,  has 
reference  to  remuneration  for  services  rendered,  and  not  a 
reimbursement  for  expenses  incidental  to  the  discharge  of 
official  duties.  The  Court  is  of  the  opinion  that  the 
plaintiff  is  entitled  to  a  judgment  for  $12.75,  the  amount 
of  her  claim,  and  it  is  ordered  that  judgment  be  entered 
accordingly." 

1091.  Section  9  of  Article  XI  of  the  Constitution,  for- 
bidding the  compensation  of  any  county,  city,  town,  or 
municipal  officer  from  being  increased  after  his  election  or 
during  his  term  of  office,  only  applies  to  the  compensation 
for  services  to  be  rendered,  and  does  not  forbid  an  allow- 
ance for  the  incidental  expenses  of  the  office,  to  be  deter- 
mined by  the  necessity  which  the  business  of  the  oflBce 
may  develop.     (Kirkwood  v.  Soto,  87  Cal.,  394.) 

1092.  The  County  Government  Act  fixing  a  salary  for 
County  Superintendents  of  Schools  "as  compensation  for 
services  required  of  them  by  law,  or  by  virtue  of  their 
office,"  does  not  prevent  the  application  of  the  amendment 
to  Section  1552  of  the  Political  Code,  made  in  March,  1889, 
allowing  each  County  Superintendent  his  traveling  ex- 
penses, and  other  incidental  expenses  connected  with  the 
office,  to  a  County  Superintendent  holding  office  at  the 
time  of  the  amendment.    (Kirkwood  v.  Soto,  87  Cal.,  394.) 

TREASURER,  COUNTY. 

1093.  It  is  not  the  duty  of  the  County  Treasurer  to  re- 
port to  the  Superintendent  the  amount  of  money  on  hand 
in  the  shape  of  school  funds  in  the  treasury.  He  reports 
such  fact  to  the  Auditor,  and  the  Auditor  keeps  a  record 
of  these  funds  open  to  the  inspection  of  the  public. 


452  OPINIONS   OF   STATE    SUPERINTENDENTS. 

TRUSTEES. 

1094.  No  one  can  be  a  Trustee  who  is  not  a  citizen  of 
the  United  States  and  of  the  State  of  California.  Such 
citizen  may  be  either  a  male  or  a  female. 

1095.  No  single  Trustee,  as  an  individual,  has  any  au- 
thority in  a  school.  Boards  of  Trustees  and  all  deliber- 
ative bodies  act  by  vote  of  the  majority. 

1096.  The  Trustees  are  empowered  to  carry  out,  or  to 
see  carried  out,  the  Laws  and  regulations  made  by  the  con- 
stituted authorities  in  the  State  Board  of  Education. 

1097.  A  Board  of  Trustees  act  by  vote  of  the  majority 
at  a  session  duly  called. 

1098.  Tiie  powers  and  duties  of  Trustees  are  clearly  laid 
down  in  Section  1617  of  the  Political  Code.  Trustees  once 
duly  elected  are  to  exercise  their  sound  discretion,  in  con- 
formity to  law,  in  the  discharge  of  their  duties,  doing  that 
which  they  believe  to  be  for  the  best  interests  of  the  schools 
under  their  charge.  While  it  is  to  be  presumed  that  pub- 
lic ofhcials  will  listen  with  respect  to  the  views  and  wishes 
of  their  constituents,  they  are  not  bound,  legally  or  morally, 
to  obey  or  act  on  a  petition  on  any  subject  coming  from 
any  source. 

1099.  It  is  the  duty  of  the  school  officers  to  see  that  the 
teacher  performs  his  duties  by  teaching  during  the  school 
hours.  If  he  practices  medicine,  or  performs  or  attends  to 
other  business,  during  the  time  for  which  his  services  are 
paid,  they  should  refuse  to  pay  him  for  time  given  up  to 
his  private  business. 

1 100.  When  a  School  Trustee  willfully  disobeys  the  law, 
the  proper  thing  to  do  is  to  lay  the  matter  before  the  Dis- 
trict Attorney,  and  he  will  either  give  such  advice  or  take 
such  steps  as  may  be  necessary  in  the  matter. 

1101.  Section  1617  of  the  Political  Code  gives  to  the 
Trustees  the  power  to  prescribe  and  enforce  rules,  not  in- 
consistent with  law  or  those  prescribed  by  the  State  Board 
of  Education,  for  their  own  government  and  the  govern- 
ment of  the  schools.  It  does  not  seem  that  they  overstep 
their  authority  when  they  require  a  Principal  or  a  teacher 
to  consult  them  previous  to  inviting  any  person  to  address 
the  pupils  in  a  formal  manner,  and  particularly  when  the 
regular  work  of  the  school  is  to  be  interrupted  for  any 


OPINIONS    OF   STATE    SUPERINTENDENTS.  453 

considerable  time.  It  is  true  that  Trustees  generally  do 
not  interfere,  but  leave  such  things  to  the  discretion  and 
good  faith  of  the  Principal  or  teacher.  But  when  they 
demand  to  be  previously  consulted,  the  Principal  or  teacher 
ought  to  cheerfully  comply. 

1102.  One  Trustee  can  do  nothing  by  himself.  The 
Board  acts  by  its  majority  in  a  meeting  duly  called. 

1103.  Trustees  cannot  be  employed  to  assist  in  Ijuilding 
a  school-house  in  their  own  district. 

1104.  It  is  a  direct  violation  of  the  law  for  Trustees  to 
close  school  on  account  of  religious  meetings  of  any  denom- 
ination; and  if  they  do  violate  the  law  in  this  way,  the 
teacher  is  entitled  to  pay. 

1105.  The  Trustees,  in  drawing  their  orders  on  the  Su- 
perintendent, should  always  designate  the  fund  drawn 
upon. 

1106.  The  Trustees  should  always  designate  the  fund 
drawn  upon  in  their  orders  upon  the  County  Superintend- 
ent. If  they  fail  to  do  this,  the  Superintendent  need  not 
necessarily  interpret  the  order  to  be  drawn  on  the  county 
fund. 

1107.  Trustees  are  the  sole  judges  of  the  degree  of  con- 
sideration to  be  given  to  petitions  made  to  them  by  the 
patrons  of  the  school  for  a  change  of  teachers.  In  other 
words,  the  School  Trustees  have  exclusive  control  of  the 
matter  of  employing  teachers,  and  neither  the  Superin- 
tendent of  Public  Instruction  nor  the  County  Superintend- 
ent of  Schools  has  the  right  to  interfere.  Nobody  has  this 
right. 

1108.  One  of  the  Trustees  cannot  be  employed  in  the 
capacity  of  carpenter  to  repair  the  school  building,  unless 
he  donates  his  services. 

1109.  Section  1876  of  the  Political  Code  forbids  the  fur- 
nishing of  wood,  water,  stationery,  or  any  supx^lies  by  a 
member  of  the  Board  of  Trustees.  Such  contracts  would 
be  void,  and  any  Trustee  making  such  contracts  may  be 
removed  from  office. 

1110.  If  Trustees'  actions  are  such  as  to  constitute  a 
public  offense,  legal  proceedings  can  be  commenced  against 
them.     (See  Section  177,  Penal  Code.) 


454  OPINIONS   OF    STATE    SUPERINTENDENTS. 

1111.  A  Trustee  who  is  Clerk  of  the  district  cannot 
teach  the  district  school,  sign  his  own  warrant,  and  draw 
his  salary.     (See  Section  1876  of  the  Political  Code.) 

1112.  A  Trustee  can  be  dismissed  from  oflEice  for  not 
visiting  a  school  at  least  once  a  year.  Section  1617,  sub- 
division 19,  makes  it  the  positive  duty  of  every  Trustee  to 
visit  every  school  in  his  district  at  least  once  in  each  term. 

1113.  The  resignation  of  a  Trustee  should  be  tendered 
to  and  accepted  by  the  County  Superintendent. 

1114.  A  Trustee  engaged  in  a  general  merchandise  bus- 
iness is  debarred  by  Section  1876  from  having  any  trans- 
action with  the  school  of  his  district  whereby  he  receives 
any  of  the  school  money  in  pay  therefor. 

1115.  If  Trustees  close  a  school  before  an  eight  months' 
school  has  been  maintained  and  use  the  money  for  the 
purchase  of  any  articles  or  for  repairs,  they  plainly  violate 
the  law,  and  the  County  Superintendent  will  not  be  at 
liberty  to  draw  a  requisition  for  an  order  in  payment  of 
bills  contracted  in  violation  of  the  law. 

1116.  Trustees  can  transact  business  legally  only  at  reg- 
ular or  special  meetings.  (See  Section  1617  of  the  Political 
Code,  subdivision  1.)  At  every  meeting  there  should  be  a 
presiding  officer.  When  the  Board  organizes  they  should 
elect  one  of  their  number  as  President  of  the  Board,  and 
one  as  Clerk.  Trustees  very  often  transact  Imsiness  in  a 
very  irregular  manner,  and  often  without  calling  a  meet- 
ing at  all.  This  is  all  wrong  and  in  violation  of  the  law 
above  quoted. 

1117.  No  Trustee,  member  of  a  Board  of  Education,  or 
member  of  a  High  School  Board  can  delegate  his  powers 
to  another.     Officers  cannot  appoint  proxies. 

VACANCY. 

1118.  The  Superintendent  has  not  the  power  to  fill 
vacancies  in  the  Board  of  Education.  The  Board  of  Super- 
visors alone  have  this  power. 

1119.  When  a  Trustee  has  removed  from  the  limits  of 
his  district,  he  vacates  his  otfice.  He  vacates  his  office  by 
reason  of  any  of  the  items  specified  in  Section  996  of  the 
Political  Code. 

1120.  The  mere  fact  that  a  Trustee  moves  out  of  a  dis- 


OPINIONS   OF   STATE   SUPERINTENDENTS.  455 

trict  does  not  of  itself  make  his  office  vacant.  He  must 
have  moved  away  with  the  intention  of  remaining  away. 
If  he  intended  to  return  again  to  the  place  from  which  he 
moved,  his  residence  has  not  been  changed.  If,  however, 
tlie  incumbent  of  a  local  office  ceases  to  be  an  inhabitant 
of  the  district,  his  office  becomes  ipso  facto  vacant,  under 
the  provisions  of  Section  996,  Political  Code. 

1121.  A  Trustee  must  reside  in  the  district.  His  office 
would  not  become  vacant,  however,  if  he  were  to  move  out 
of  the  district  temporarily,  with  the  intention  of  returning. 
The  fact  of  his  name  being  on  the  great  register  and  of  his 
business  in  the  district  would  not  of  themselves  be  suffi- 
cient. The  matter  of  residence  depends  upon  intention. 
(Political  Code,  Sec.  52.) 

1122.  If  a  Trustee  is  employed  in  another  county,  claim- 
ing his  absence  to  be  temporary,  and  occasionally  making 
visits  into  his  district,  and  voting  there  on  the  day  of  elec- 
tion for  Trustee,  his  office  does  not  become  vacant.  He  ia 
still  a  resident  of  his  district,  and  is  still  entitled  to  his 
office. 

1123.  Section  996  of  the  Political  Code,  subdivision  5, 
makes  a  vacancy  when  a  Trustee  removes  from  the  district, 
whether  such  Trustee  resigns  or  not ;  and  it  is  the  duty  of 
the  Superintendent  to  till  the  vacancy  by  appointment. 

1124:.  If  a  Trustee  goes  to  work  temporarily  outside  of 
the  boundary  of  his  district,  leasing  land  owned  by  him- 
self in  said  district,  but  reserving  a  room  on  such  leased 
land  for  a  home  for  himself  when  out  of  employment,  lie 
retains  his  residence  in  his  district,  and  does  not  forfeit 
his  office  ;  especially  is  this  the  case  if  he  attends  properly 
to  his  duties  as  Trustee  in  his  district. 

1125.  If  the  clerk  has  moved  out  of  the  district,  or  if 
any  Trustee  moves  out  thereof,  there  wall  exist  a  vacancy; 
this  vacancy  must  be  tilled  by  the  Superintendent. 

1126.  Failure  to  elect  a  Trustee  causes  a  vacancy.  (See 
Section  1614  of  the  Political  Code  as  amended  by  the  late 
Legislature. ) 

1127.  If  a  Trustee  neglects  or  refuses  for  the  period  of 
three  months  to  attend  to  the  duties  of  his  office,  his  office 
becomes  vacant,  unless  he  is  prevented  by  sickness,  or  is 


456  OPINIOXS   OF   STATE   SUPERINTENDENTS. 

absent  from  the  State  by  proper  permission.     (See  Secti 
996,  subdivision  7,  of  the  Political  Code. )  • 

1128.  A  vacancy  occurring  in  a  Board  of  Education  i 
city  of  the  fifth  class  must  be  filled  by  the  members  of  tl 
Board  of  Education,  and  not  by  the  City  Trustees  of  su 
city.  f? 

1129.  The  removal  of  a  School  Trustee  from  the  limi' 
of  the  district  immediately  vacates  his  office. 

VACATIONS. 

1130.  If  school  was  closed  on  the  first  day  of  May 
May-day — by  order  of  the  Board  of  Trustees,  the  teacher 
is  not  compelled  to  make  good  the  lost  day,  because,  if  the 
Trustees  could  declare  a  vacation  of  one  day,  and  require 
the  teacher  to  make  up  the  same,  they  could,  with  equf  I 
propriety,  declare  a  vacation  of  ten,  twenty,  fifty,  or  any 
number  of  days,  holding  the  teacher  to  the  same  condi- 
tions. If,  however,  the  school  was  closed  without  author- 
ity from  the  Trustees,  it  is  the  duty  of  the  teacher  to  make 
good  the  lost  time. 

1131.  If  a  teacher  is  engaged  to  teach  for  a  year,  and 
during  the  course  of  that  .year  the  Trustees  who  emploj^ed 
such  teacher  declare  a  vacation  of  one  week,  the  teacher 
is  entitled  to  pay  during  that  week. 

1132.  If  the  vacation  ordered  by  the  Trustees  of  a  dis- 
trict falls  within  the  period  covered  by  the  contract,  the 
teacher  would  be  entitled  to  pay  for  the  vacation,  unless 
it  is  specially  excepted  b}'-  the  terms  of  the  contract. 

1133.  A  vacation  ordered,  no  matter  for  what  cause, 
does  not  cause  the  term  to  end  and  a  new  term  to  begin 
after  the  expiration  of  tlie  vacation.  The  vacation  oc- 
curring within  the  school  year,  simply  holds  the  school 
exercises  in  abeyance  during  the  continuance  of  such  vaca- 
tion. When  the  school  exercises  are  resumed,  the  resump- 
tion does  not  cause  a  new  term  to  commence  for  anj- 
purpose. 

1134.  For  the  usual  and  ordinary  vacations  of  the  school 
year,  a  teacher  can  make  no  just  claim  for  salary,  unless 
the  contrary  is  specifically  mentioned  in  the  contract ;  l)ut, 
if  a  vacation  is  ordered  by  the  Trustees  at  other  than  the 
usual  times,  or  for  a  period  longer  than  the  usual  period, 
the  teacher  can  justly  claim  salary  for  the  excess. 


OPINIONS    OF   STATE   SUPERINTENDENTS.  457 

V(3TING. 

1135.  It  is  not  legal  for  women  to  vote  for  School  Trus- 
tees. The  Constitution  of  California  as  yet  gives  the 
elective  franchise  only  to  mala  citizens. 

11.36.  A  Trustee  cannot  vote  by  proxy;  nor  can  a  Trus- 
tee absent  from  the  meeting  of  Trustees  delegate  to  an- 
other the  power  to  cast  his  vote. 

1137.  Any  male  citizen  who  has  been  a  resident  of  the 
State  for  one  year  next  preceding  an  election,  of  the  county 
ninety  days,  of  the  election  precinct  thirty  days,  and  who 
'has  his  name  on  the  great  register  of  the  county,  is  enti- 
tled to  vote  at  any  school  election. 

A 'ELLS. 

.138.  Where  it  is  necessary,  the  Trustees  have  the  power 
to  have  a  well  dug  and  pay  for  it  out  of  the  school  fund. 
It  is  as  necessary  as  are  those  suitable  out-houses,  fruit 
and  ornamental  trees,  which  the  Superintendent  may  re- 
quire the  Trustees  to  provide. 

1139.  If  there  is  a  balance  on  hand  after  an  eight 
months'  school  has  been  kept,  and  a  well  has  been  dug,  a 
pump  purchased,  and  a  fence  built  around  the  school 
grounds,  these  things  can  be  paid  for  as  bills  outstanding 
against  the  district. 


STATJSKORMALSCitOOL, 


AF>PKJSIE)IX. 


Following  are  the  changes  made  in  the  School  Law  of 
the  State  by  the  Legislature  at  the  sessions  of  1895  and 
1897;  and  also  the  several  Acts  relative  to  the  Public 
Schools  passed  at  said  sessions  : 

Subdivision  Third,  of  Section  1543,  was  amended  in 
1895  to  read  as  follows  : — 

Third — On  the  order  of  the  Board  of  School  Trustees, 
or  Board  of  Education  of  any  city  or  town  having  a 
Board  of  Education,  to  draw  his  requisition  upon  the 
County  Auditor  for  all  necessary  expenses  against  the 
School  Fund  of  any  district.  The  requisitions  must  be 
drawn  in  the  order  in  which  the  orders  therefor  are  filed 
in  his  ofl&ce.  Each  requisition  must  specify  the  purpose 
for  which  it  is  drav*^n,  but  no  requisition  shall  be  drawn 
unless  the  money  is  in  the  fund  to  pay  it,  and  no  requisi- 
tion shall  be  drawn  upon  the  order  of  the  Board  of  School 
Trustees  or  Board  of  Education  against  the  funds  of  any 
district  except  the  teachers'  salaries,  unless  such  order  is 
accompanied  by  an  itemized  bill  showmg  the  separate 
items,  and  the  price  of  each ,  in  payment  for  which  the 
order  is  drawn  ;  nor  shall  any  requisition  for  teachers' 
salaries  be  drawn  unless  the  order  shall  state  the  monthly 
salary  of  the  teacher,  and  name  the  months  for  which  such 
salary  is  due.  Upon  the  receipt  of  such  requisition  the 
Auditor  shall  draw  his  warrant  upon  the  County  Treas- 
urer in  favor  of  the  parties  for  the  amount  stated  in  such 
requisition. 

Section  1880  was  amended  in  1895  to  read  as  follows  : — 

1880.     The  Board  of  Trustees,  Board  of  Education,  or 

other  governing  body  of  any  school  district  may,  when  in 

their  judgment  it  is  advisable,  and  must  upon  a  petition 


11  APPENDIX. 

of  the  majority  of  the  heads  of  families  residing  in  the  dis- 
trict, call  an  election  and  submit  to  the  electors  of  the  dis- 
trict whether  the  bonds  of  such  district  shall  be  issued  and 
sold  for  the  purpose  of  raising  money  for  purchasing  school 
lots,  for  building  or  purchasing  one  or  more  school-houses, 
for  insuring  the  same,  for  supplying  the  same  with  furniture 
and  necessary  apparatus,  for  improving  the  grounds,  or 
for  any  or  all  of  said  purposes,  and  for  liquidating  any  in- 
debtedness already  incurred  for  said  purposes. 

Section  1884  was  amended  in  1895  to  read  as  follows  : — 
1884.  On  the  seventh  day  after  said  election,  at  one 
o'clock  p.  m.,  the  returns  having  been  made  to  the  Board 
of  Trustees,  Board  of  Education,  or  other  governing  body 
of  such  school  district,  the  Board  must  meet  and  canvass 
said  returns,  and  if  it  appears  that  two-thirds  of  the  votes 
cast  at  said  election  was  in  favor  of  issuing  such  bonds, 
then  the  Board  shall  cause  an  entry  of  that  fact  to  be  made 
upon  its  minutes,  and  shall  certify  to  the  Board  of  Super- 
visors of  the  county  all  the  proceedings  had  in  the  premi- 
ses, and  thereupon  said  Board  of  Supervisors  shall  be  and 
they  are  hereby  anthorized  and  directed  to  issue  the  bonds 
of  suoh  district,  to  the  number  and  amount  provided  in 
such  proceedings,  payable  out  of  the  Building  Fund  of  such 
district,  naming  the  same,  and  that  the  money  shall  be 
raised  by  taxation  upon  the  taxable  property  in  said  dis- 
trict, for  the  redemption  of  said  bonds  and  the  payment 
of  the  interest  thereon  ;  provided,  that  the  total  amount 
of  the  bonds  so  issued  shall  not  exceed  five  per  cent  of  the 
taxable  property  of  the  district,  as  shown  by  the  last 
equalized  assessment  book  of  the  county. 

Section  1886  was  amended  in  1895  to  read  as  follows  : — 
1886.  Said  bonds  must  not  bear  a  greater  amount  of 
interest  than  eight  per  cent,  said  interest  to  be  payable 
annually  or  semi-annually,  and  said  bonds  must  be  sold  in 
the  manner  prescribed  by  the  Board  of  Supervisors,  but 
for  not  less  than  par,  and  the  proceeds  of  the  sale  thereof 
must  be  deposited  in  the  County  Treasury  to  the  credit  of 
the  Building  Fund  of  said  school  district,  and  be  drawn 
out  for  the  purposes  aforesaid  as  other  school  moneys  are 
drawn  out.  All  the  proceedings  of  every  school  district 
and  of  every  Board  of  Trustees,  Board  of  Education,  Board 


APPENDIX.  HI 

of  Supervisors,  and  of  all  officers  of  school  districts  and 
counties  purporting  to  have  been  taken  under  or  by  author- 
ity of  sections  one  thousand  eight  hundred  and  eighty  to 
one  thousand  eight  hundred  and  eighty-eight,  inclusive, 
of  the  Political  Code,  shall  be  valid  in  the  same  manner 
and  to  the  same  extent  as  if  sections  one  thousand  eight 
hundred  and  eighty  and  one  thousand  eight  hundred  and 
eighty-four  of  said  Code,  at  the  time  when  such  proceed- 
ings were  taken,  in  express  language  empowered  the  gov- 
erning body  of  all  school  districts,  by  whatever  name  such 
governing  body  should  be  known,  to  call  elections  for  the 
purposes  set  forth  in  said  section  one  thousand  eight  hun- 
dred and  eighty,  and  to  receive  and  canvass  returns,  to 
cause  a  minute  entry  of  the  result  of  elections,  and  to 
certify  proceedings  to  the  Board  of  Supervisors,  as  pro- 
vided in  said  section  one  thousand  eight  hundred  and 
eighty-four.  And  all  bonds  of  school  districts  purporting 
to  have  been  issued  under  or  by  virtue  of  any  or  all  of  the 
following  sections,  to  wit :  Sections  one  thousand  eight 
hundred  and  eighty,  one  thousand  eight  hundred  and 
eighty-one,  one  thousand  eight  hundred  and  eighty-two, 
one  thousand  eight  hundred  and  eighty-three,  one  thousand 
eight  hundred  and  eighty-four,  one  thousand  eight  hun- 
dred and  eighty-five,  one  thousand  eight  hundred  and 
eighty-six,  one  thousand  eight  hundred  and  eighty-seven, 
and  one  thousand  eight  hundred  and  eighty-eight,  of  the 
Political  Code,  shall  be  valid  in  the  same  manner  and  to 
the  same  extent  as  if  said  sections  used  the  words  "  Board 
of  Education,  Board  of  Trustees,  or  other  governing  body," 
in  place  of  the  words  ** Board  of  Trustees,"  whenever  the 
words  "Board  of  Trustees  "  occur  in  said  sections. 

Section  1670  was  amended  in  1895,  and  subsequently  in 
1897.     The  section  now  is  as  follows  : 

1670.  First — Any  city,  incorporated  town,  or  school 
district  accredited  by  the  last  preceding  school  census 
with  a  school  population  of  three  hundred  or  more,  may, 
by  a  majority  vote  of  the  qualified  electors  voting  at  the 
election  held  for  the  purpose  of  determining  the  establish- 
ment and  maintenance  of  such  high  school,  establish  and 
maintain  a  high  school  at  the  expense  of  such  city,  incor- 
porated town,  or  school  district. 


IV  APPENDIX. 

Second — Whenever  a  majority  of  the  heads  of  families, 
as  shown  by  the  last  preceding  school  census,  in  any  city, 
incorporated  town,  or  school  district  accredited  by  the 
last  preceding  school  census  with  a  school  population  of 
three  hundred  or  more,  shall  unite  in  a  petition  to  the 
Board  of  Education  or  Board  of  School  Trustees  of  said 
city,  incorporated  town,  or  school  district,  for  the  estab- 
lishing and  maintaining  of  a  high  school  therein,  said 
Board  of  Education  or  Board  of  School  Trustees  shall  peti- 
tion the  County  Superintendent  of  Schools  to  call  an  elec- 
tion in  said  city,  incorporated  town,  or  school  district,  for 
the  determination  of  the  question. 

Third — Within  twenty  days  after  receiving  said  petition 
from  said  Board  of  Education  or  Board  of  School  Trustees, 
the  County  Superintendent  of  Schools  shall  call  an  election 
therein  for  the  determination  of  the  question,  and  shall 
appoint  three  qualified  electors  thereof  to  conduct  said 
election.  Said  election  shall  be  called  by  posting  notice 
thereof  in  five  of  the  most  public  places  in  said  city,  incor- 
porated town,  or  school  district,  and  by  publication  in  a 
daily  or  weekly  paper  therein,  if  there  be  one,  for  not  less 
than  fifteen  days.  Said  election  shall  be  conducted  in  the 
manner  prescribed  for  conducting  school  elections.  The 
ballots  at  such  elections  shall  contain  the  words  ' '  for  high 
school,"  and  the  voter  shall  write  or  print  after  said  words 
on  his  ballot  the  word  "  yes,"  or  the  word  "no."  It  shall 
be  the  duty  of  said  election  officers  to  report  the  result  of 
said  election  to  the  County  Superintendent  of  Schools 
within  ten  days  subsequent  to  the  holding  thereof. 

Fourth — When  a  majority  in  each  district,  as  shown  by 
the  last  preceding  school  census,  of  the  lieads  of  families 
residing  in  two  or  more  contiguous  school  districts  in  the 
same  county  {provided^  that  said  districts  are  accredited 
by  said  school  census  with  a  school  population  of  three 
hundred  or  more)  shall  unite  in  a  petition  to  the  County 
Superintendent  of  Schools  for  the  establishment  and  main- 
taining of  a  union  high  school  district,  he  shall,  within 
twenty  days  after  receiving  said  petition,  call  an  election 
for  the  determination  of  the  question,  and  shall  appoint 
three  qualified  electors  in  each  of  the  districts  petitioning  to 
conduct  the  election  therein.  Said  election  shall  be  held 
separately  and  simultaneously  at  the  public  school- house  in 
each  of  the  districts  petitioning,  and  shall  be  called  by 


APPENDIX.  V 

posting  notices  thereof  in  three  of  the  moat  public  places 
in  each  district,  one  of  which  places  shall  be  the  public 
school-house  in  each  district,  at  least  ten  days  before  said 
election.  Said  election  shall  be  conducted  by  the  officers 
appointed  for  that  purpose,  in  the  manner  provided  by  law 
for  conducting  school  elections.  The  ballots  at  such  elec- 
tion in  each  district  shall  contain  the  words  "for  the 
Union  High  School,"  and  the  voter  shall  write  or  print 
after  said  words  on  his  ballot  the  word  "yes "or  word 
"  no."  It  shall  be  the  duty  of  the  said  election  officers  in 
each  district  to  canvass  the  vote  at  said  election,  and  re- 
port the  result  to  the  County  Superintendent  of  Schools 
within  five  days  subsequent  to  the  holding  of  said  election. 

Fifth — If  a  majority  of  the  votes  cast  in  the  election  pro- 
vided for  in  subdivision  three  of  this  section  in  said  city, 
incorporated  town,  or  school  district,  shall  be  in  favor  of 
establishing  and  maintaining  a  high  school  therein,  it  shall 
be  the  duty  of  the  County  Superintendent  to  call  a>  meet- 
ing of  the  Board  of  Education  or  Board  of  School  Trustees 
of  said  city,  incorporated  town,  or  school  district,  within 
fifteen  days  after  receiving  the  returns  of  the  election  held 
therein,  by  giving  at  least  ten  days'  notice,  in  writing,  to 
every  member  of  said'  Board  of  Education  or  Board  of 
School  Trustees.  The  Board  of  Education  or  Board  of 
School  Trustees  shall,  at  said  meeting,  determine  the  loca- 
tion and  the  name  of  the  high  school. 

Sixth — If  a  majority  of  the  votes  cast  in  the  districts 
petitioning  for  a  union  high  school  shall  in  the  aggregate 
be  in  favor  of  establishing  and  maintaining  a  union  high 
school  therein,  the  County  Superintendent  shall,  within 
fifteen  days  after  receiving  the  returns  of  the  election  held 
therein,  direct  the  Board  of  School  Trustees  in  each  of  said 
districts  to  call  a  meeting  of  the  qualified  electors  of  their 
respective  districts,  in  the  manner  provided  in  subdivision 
twenty  of  section  sixteen  hundred  and  seventeen  of  the 
Political  Code.  At  said  meeting  the  qualified  electors 
shall,  in  each  district,  select  one  representative,  whose 
pow  ers  and  duties  shall  be  as  hereinafter  specified.  The 
representatives  so  chosen  shall  name  the  school  and  have 
power  to  make  arrangements  for  the  temporary  location  of 
the  high  school,  and  if  satisfactory  apartments  or  buildings 
in  a  suitable  location  are  oflFered  or  can  be  procured  for  a 
consideration  or  at  a  rental  which  would  make  it  advisa- 


VI  APPENDIX. 

ble  to  accept  the  same,  they  shall  have  the  power  to  secure 
or  lease  such  apartments  or  building  tor  a  period  not  to  ex- 
ceed three  years  from  the  date  of  its  acceptance.  Should 
it  be  impossible  to  secure  such  apartments  or  buildings,  or 
should  such  representatives  deem  it  not  advisable  to  select 
the  same,  or  should  they  secure  or  lease  the  same,  then  at 
such  time  before  their  contract  expires  as  they  may  deem 
necessary,  they  shall  notify  the  County  Superintendent 
of  Schools  that  they  desire  to  meet  to  locate  the  school. 
Thereafter  the  representatives  so  chosen  shall  meet  in  con- 
junction with  the  County  Superintendent  of  Schools,  at  a 
time  and  place  to  be  named  by  the  Superintendent,  for  the 
purpose  of  determining  the  location  of  the  union  high 
school.  At  such  meeting  the  Superintendent  shall  be  tlie 
Chairman,  and  shall  be  entitled  to  vote  and  participate  in 
all  its  proceedings.  Should  the  above  representatives  fail 
to  unanimously  agree  upon  a  location  for  the  high  school, 
they  shall  propose,  in  writing,  to  the  County  Superintend- 
ent then  present,  or  if  he  is  not  present,  they  shall  trans- 
mit to  his  office  within  ten  days  the  names  of  the  locations 
which  they  favor.  Within  twenty  days  after  receiving 
such  notice  the  Superintendent  shall  call  an  election  as 
provided  in  subdivision  fourth  hereof,  to  determine  the 
location  of  the  high  school.  At  such  election  only  such 
sites  as  have  been  named  by  the  representatives  and  certi- 
fied to  the  County  Superintendent  shall  be  voted  upon. 
Any  form  of  ballot  by  which  the  voter  signifies  his  choice 
of  location  shall  be  allowed.  The  result  of  said  election 
shall  be  determined  and  certiHed  to  the  County  Superin- 
tendent, as  provided  in  said  subdivision  fourth.  The  loca- 
tion which  receives  the  largest  number  of  votes  shall  be 
chosen  as  the  location  of  the  higli  school.  No  change  of 
location  of  any  high  school,  when  once  established,  shall 
be  made  except  upon  a  petition  to  the  County  Superin- 
tendent of  Schools,  signed  by  two-thirds  of  the  heads  of 
families  of  the  high  school  district,  and  then  only  in  accord- 
ance with  all  of  the  provisions  for  the  original  location  of 
the  school,  as  contained  in  subdivisions  four  and  five  of 
this  section. 

Seventh — In  any  city,  incorporated  town,  or  school  dis- 
trict which  shall  have  established  a  high  school,  the  Board 
of  Education,  or  Board  of  School  Trustees,  shall  constitute 
the  High  School  JJoard,  and  shall  have  the  management 
and  control  of  said  high  school. 


APPENDIX.  Vll 

Eifjhth — In  union  high  school  districts  composed  of 
more  than  two  school  districts^  the  High  School  Board 
shall  be  composed  of  one  member  elected  from  each  dis- 
trict composing  the  high  school  district  at  the  time,  and 
in  the  manner  prescribed  for  the  election  of  School  Trus- 
tees, except  as  otherwise  provided  in  this  Act.  The 
Superintendent  (or  Superintendents  by  concurrent  action 
in  joint  high  school  districts)  shall,  in  union  high  school 
districts  composed  of  three  or  more  school  districts,  divide 
the  districts  composing  the  union  high  school  district 
into  three  classes,  as  nearly  equal  in  number  of  school  dis- 
tricts as  possible,  to  be  designated  by  him  as  Class  A,  B, 
and  C,  respectively.  At  the  tirst  annual  school  election 
following  the  passage  of  this  Act  the  districts  in  Class  A, 
as  above  divided  and  designated,  shall  each  elect  a  High 
School  Trustee  for  one  year  ;  the  districts  in  Class  B  shall 
each  elect  a  High  School  Trustee  for  two  years  ;  the  dis- 
tricts in  Class  C  shall  each  elect  a  High  School  Trustee  for 
three  years.  At  each  annual  election  thereafter,  as  terms 
of  office  expire,  the  High  School  Trustees  shall  be  elected 
for  three  years,  and,  in  case  of  expiration  of  term  of  ap- 
pointment, for  the  unexpired  term.  Vacancies  in  the  High 
School  Board  shall  be  tilled  by  appointment  by  the  County 
Superintendent  of  Schools  (and  in  case  of  joint  union  high 
school  districts,  by  appointment  of  the  County  Superin- 
tendent of  the  county  in  which  the  vacancy  occurre^l),  the 
appointee  or  appointees  to  hold  until  the  tirst  day  of  July 
succeeding  the  appointment.  The  Trustees  serving  on 
Union  High  School  Boards,  composed  of  more  than  two 
school  districts  at  the  time  of  the  approval  of  this  section 
as  hereby  amended,  shall  hold  until  their  successors  are 
elected,  and  shall  qualify  under  the  provisions  hereof.  In 
the  formation  of  new  union  or  joint  union  high  school  dis- 
tricts, the  representatives  selected  according  to  the  provis- 
ions of  subdivision  sixth  of  this  section  shall  constitute  the 
Union  or  joint  Union  High  School  Board  until  the  election 
or  appointment  and  qualification  of  the  regular  Board  as 
herein  provided.  In  union  high  school  districts  consist- 
ing of  but  two  school  districts,  the  Union  High  School 
Board  shall  be  composed  of  the  Boards  of  School  Trustees 
of  both  said  districts. 

Ninth — The  Union  High  School  Board  shall  meet  within 
ten  days  subsequent  to  the  locating  and  naming  of  the 


Vni  APPENDIX. 

union  high  school  by  the  parties  selected  for  that  pur- 
pose, and  shall  organize  by  electing  a  President  and  a 
Clerk  from  their  own  number,  to  serve  until  the  second 
Saturday  of  July  next  succeeding  their  election ;  and 
thereafter  the  Board  shall  meet  and  organize  in  the  same 
manner  on  the  second  Saturday  of  July  of  each  and  every 
year. 

Tenth — The  High  School  Boards  shall  hold  regular 
monthly  meetings  at  the  high  school  building,  at  such 
time  as  may  be  provided  in  the  rules  and  regulations 
adopted  by  them  for  their  own  government.  Special  meet- 
ings may  be  held  at  the  call  of  the  President  of  the  re- 
spective Boards.  Upon  the  request,  in  writing,  signed  by 
a  majority  of  any  Board,  the  Pi-esident  of  said  Board  shall 
call  a  meeting  thereof.  Of  all  special  meetings  of  any 
Board  the  members  thereof  shall  have  at  least  two  days' 
notice,  issued  and  served  by  the  Clerk  thereof.  At  special 
meetings  no  business  shall  be  transacted  other  than  as 
specified  in  the  call  therefor  ;  provided,  that  in  Union  High 
School  districts  composed  of  more  than  two  districts  the 
regular  meetings  as  above  provided  shall  be  quarterly  ; 
and  provided  further ,  that  the  Union  High  School  Boaid 
in  said  union  high  school  districts  may  appoint  an  Ex- 
ecutive Committee,  con.sisting  of  the  President  and  Secre- 
tary and  one  other  member  of  the  Board,  no  two  of  whom 
shall  be  from  the  same  school  district,  to  attend  to  the 
routine  business  of  the  Board,  their  action  to  be  reported 
to  the  Board  for  ratification  at  its  first  regular  meeting 
ensuing. 

Eleventh — The  ])owers  and  duties  of  the  High  School 
Boards  shall  be  such  as  are  now  or  as  may  hereafter  be 
assigned  ])y  law  to  Boards  of  Education,  or  Boards  of 
Sch(»ol  Trustees,  including  the  ])rovisions  of  sections  one 
thousand  eight  hundred  and  eighty  to  one  thousand  eight 
hundred  and  eighty-eight,  inclusive,  of  the  Political  Code, 
relating  to  the  voting  and  issuance  of  bouds,  except  as 
otherwise  provided  in  this  section. 

Twelfth — The  course  of  study  for  the  respective  high 
schools  shall  be  prepared  by  the  High  School  Board,  and, 
except  in  cities  and  incorporated  towns,  shall  be  subject 
to  the  approval  of  the  County  Board  of  Education.  Said 
course  of  study  shall  embrace  a  period  of  not  less  than 
three  years;  and  it  shall  be  such  as  will  prepare  graduates 


Al'PKNDIX.  IX 

therein  for  admission  into  the  State  University.  The 
Higii  School  Board. may  prescribogftn  additional  course  or 
additional  courses  of  study,  subject  to  the  approval,  as 
hereinbefore  provided.  The  text- books  to  be  used  in  all 
high  schools  shall  be  uniform  throughout  the  State,  and 
shall  be  adopted  by  the  High  School  Board,  subject  to  the 
same  restrictions  provided  for  the  adoption  of  the  course 
of  study,  from  a  list  of  books  prepared  and  submitted  by 
the  accrediting  Board  of  the  State  University.  The  State 
series  shall  be  used  in  grades  and  classes  for  which  they 
may  be  adapted. 

Thirteenth — Graduates  of  the  grammar  schools  shall  be 
admitted  to  the  high  schools  without  examination.  Other 
applicants  of  the  high  school  district  may  be  admitted  in 
accordance  with  such  rules  as  may  be  prescribed  by  the 
High  School  Board  ;  provided,  that  no  applicant  shall  be 
admitted  to  the  high  school  who  has  not  practically  com- 
pleted the  work  of  the  grammar  grades  of  the  county  in 
which  the  high  school  is  located  ;  provided,  that  in  high 
schools  whei-e  the  course  of  study  embraces  a  period  of 
four  years,  pupils  who  have  completed  the  course  of  study 
prescribed  for  the  seventh  grade,  may,  upon  passing  a  sat- 
isfactory examination,  be  admitted.  Proficiency  is  to  be 
determined  by  the  Principal,  subject  to  approval  by  the 
County  Board  of  Education.  The  High  School  Board 
may  admit  pupils  not  residing  in  any  high  school  district, 
upon  the  payment  of  such  tuition  fees  as  they  may  deem 
proper,  and  all  moneys  collected  from  this  source  shall  be 
paid  into  the  fund  provided  for  the  support  of  the  high 
school. 

Fourteenth — In  any  city,  incorporated  town,  school  dis- 
trict, or  union  high  school  district,  which  shall  have 
voted  to  establish  .and  maintain  a  high  school,  it  shall  be 
the  duty  of  the  High  School  Board  therein,  to  furnish  to 
the  authorities  whose  duty  it  is  to  levy  taxes,  on  or  before 
the  first  day  of  September,  an  estimate  of  the  cost  of  pur- 
chasing a  suitable  lot,  of  procuring  plans  and  specifica- 
tions and  erecting  a  suitable  building,  of  furnishing  the 
same,  and  of  fencing  and  ornamenting  the  grounds  for  the 
accommodation  of  the  school,  and  of  conducting  the  school 
for  the  school  year,  unless  such  High  School  Board  have 
secured  or  leased  temporary  accommodations  or  apartments 
for  the  use  of  such  high  school,  as  provided  in  subdivision 


X  APPENDIX. 

sixth  hereof.  If  such  High  School  Board  have  secured  or 
leased  such  temporary  quarters,  accommodations,  or  build- 
ings, they  shall  furnish  to  such  authorities  an  estimate  of 
the  amount  of  money  required  to  establish,  .operate  and 
maintain  such  school  in  such  temporary  quarters  or  loca- 
tion for  the  ensuing  school  year.  On  the  first  day  of  Sep- 
tember before  the  time  when  it  will  become  necessary  by 
reason  of  the  termination  of  their  lease  or  agreement,  or 
from  any  other  reason,  they  shall  make  arrangements  for 
another  lease  for  a  further  x>eriod  of  three  years,  or  they 
shall  furnish  to  the  authorities  whose  duty  it  is  to  levy 
taxes,  an  estimate  of  the  cost  of  purchasing  a  suitable  lot, 
of  procuring  plans  and  specifications  and  erecting  a  siaita- 
ble  building,  of  furnishing  the  same,  and  of  fencing  and 
ornamenting  the  grounds  for  the  accommodation  of  the 
school,  and  of  conducting  the  school  for  the  school  year. 
It  shall  be  the  duty  of  said  Board,  each  and  every  year 
thereafter,  to  present  to  said  authorities,  on  or  before  the 
first  day  of  September,  an  estimate  of  the  amount  of  money 
required  for  conducting  the  school  for  the  school  y«^ar. 

Fifteenth — When  such  estimates  shall  have  been  made 
and  submitted,  it  shall  be  the  duty  of  the  authorities  whose 
duty  it  is  to  levy  taxes  in  said  city,  incorporated  town, 
school  district,  or  union  high  school  district,  to  levy  a 
special  tax  upon  all  of  the  taxable  property  of  said  city, 
incorporated  town,  school  district,  or  union  high  school 
District,  sufficient  in  amount  to  maintain  the  high  school, 
or  to  purchase  the  site,  erect  the  building,  or  improve  the 
building  or  grounds.  Said  tax  shall  be  computed,  entered 
upon  the  tax  roll,  and  collected,  in  the  same  manner  as 
other  taxes  are  computed,  entered  and  collected. 

Sixteenth — Should  the  High  School  Board  of  any  city, 
incorporated  town,  school  district,  or  union  high  school 
district,  fail  to  make  the  estimate  provided  for  in  subdi- 
vision fourteen  of  this  section,  it  shall  be  the  duty  of  the 
Superintendent  of  Schools,  upon  the  petition  of  five  quali- 
fied electors  thereof,  to  make  such  estimate. 

Seventeenth — Should  the  authorities  who&e  duty  it  is  to 
levy  the  tax,  as  provided  in  subdivision  fifteen  of  this  sec- 
tion, fail  to  make  the  levy  provided  for,  it  shall  be  the 
duty  of  the  County  Auditor  to  make  such  levy,  and  add  it 
to  the  tax  roll  of  said  city,  im^orporated  town,  school  dis- 
trict, or  union  high  school  district. 


APPENDIX.  XI 

Eiffhteenth — All  monijys  collected  from  the  levy  of  the 
tax  provided  for  by  this  section  shall  be  paid,  in  cities  and 
incorporated  towns,  into  the  treasury  tliereof,  tu  the  credit 
of  the  high  school  fund  ;  and  said  moneys  shall  l^e  paid  out 
by  the  Treasurers  of  said  cities  or  towns  upon  the  warrants 
of  the  High  School  Board,  signed  by  the  President  and 
Clerk  thereof. 

Nineteenth — All  moneys  collected  from  said  levy  in 
school  districts,  or  union  high  school  districts,  shall  be 
paid  into  the  county  treasury  to  the  credit  of  the  district 
high  school  fund,  or  the  union  high  school  fund,  respect- 
ively, and  shall  be  paid  out  on  the  order  of  the  High  School 
Board,  signed  by  the  President  and  Clerk  thereof,  as  other 
school  moneys  arfe  paid  out. 

Ttoentieth — Nothing  in  this  section  shall  be  construed  as 
preventing  all  of  the  school  districts  in  any  county  from 
uniting  to  form  one  or  more  county  high  schools  ;  providtd, 
that  when  any  city,  incorporated  town,  school  district,  or 
union  high  school  district,  shall  vote  to  maintain  a  high 
school,  such  territor}'^  shall  be  exempt  from  taxation  to 
support  a  county  high  school;  and  jrrovkled  fartlier,  that 
when  any  citj',  incorporated  town,  school  district,  or 
union  high  school  district,  shall  establish  a  high  school 
prior  to  the  submission  of  the  proposition  to  establish  a 
county  high  school,  the  electors  of  such  city,  incoi^porated 
town,  school  district,  or  union  high  school  district,  shall  be 
excluded  from  voting  iipon  said  proposition  ;  provided 
farther,  that  in  counties  where  one  or  more  city  high 
schools,  district  high  schools,  or  union  district  high 
Schools  are  maintained,  the  P*oard  of  Supervisors  shall, 
upon  the  petition  of  two-thirds  of  the  heads  of  families  in 
the  city  high  school  district,  district  high  school  dis- 
trict, and  in  each  school  district  composing  the  union  high 
school  district  or  districts,  if  there  be  more  than  one  in 
the  county,  submit  to  all  the  qualified  electors  of  the 
county  the  question  of  establishing  and  maintaining  a 
county  high  school,  and  shall  take  such  further  steps  as 
provided  in  section  sixteen  hundred  and  seventy-one  of 
this  Act,  relating  to  high  schools.  If  the  majority  of  all 
the  votes  cast  on  the  proposition  to  establish  a  county 
high  school  are  in  the  afhrmative,  the  Board  of  Supervisors 
shall,  upon  the  establishment  of  the  same,  declare  the  high 
school  or  high  schools  existing  in  the  county  at  the  time  of 


Xll  APPENDIX. 

the  election  for  a  county  high  school  to  be  lapsed,  and  the 
property  of  such  lapsed  high  school  or  schools  shall  be  held 
or  sold  by  the  Board  of  Supervisors  for  the  benefit  of  the 
county  high  school. 

Ttventy-first — A  school  district  cannot  lie  partly  within 
a  high  school  district,  or  a  union  or  a  joint  union  high 
school  district,  and  partly  without ;  and  in  all  cases  where 
the  boundaries  of  a  school  district  comprised  within  any 
such-high  school  district  shall  for  any  cause  be  changed  to 
include  territory  not  previously  in  such  district,  the  terri- 
tory acquired  or  added  to  such  included  district  shall  be- 
come and  constitute  a  part  of  the  high  school  or  union  or 
joint  union  high  school  district.  Where  the  boundaries  of 
the  districts  constituting  the  union  or  joint  union  district 
are  so  changed  as  to  increase  the  number  of  districts  within 
its  territory,  the  new  school  district  or  districts  so  created 
shall  continue  to  be  part  of  the  high  school  district,  and 
after  the  first  day  of  July  next  succeeding  its  creation,  it 
shall  be  entitled  to  representation  upon  the  High  School 
Board. 

Twenty -sexond — Any  school  district  adjacent  to  a  high 
school,  union  or  joint  union  high  school  district,  may  be 
admitted  to  said  high  school  district  by  action  of  the  Board 
of  Supervisors  of  the  county  in  which  the  school  district  is 
located,  upon  such  terms  as  may  be  agreed  upon  between 
the  trustees  of  the  school  district  seeking  admission  and 
the  High  School  Board,  whenever  a  majority  of  the  heads 
of  families,  as  shown  by  the  last  preceding  school  census, 
shall  present  to  said  Board  of  Supervisors  a  petition  for 
such  annexation,  accompanied  by  a  petition  signed  by  a 
majority  of  the  members  composing  the  High  School  Board 
of  the  district  to  which  admission  is  desired.  Any  district 
contained  in  a  union  or  joint  union  high  school  district 
may,  in  like  manner,  withdraw  from  such  union  or  joint 
union  district  by  action  of  the  Board  of  Supervisors  of  the 
county  in  which  the  district  is  located,  upon  such  terms  as 
may  be  agreed  upon  l^ctween  the  trustees  of  the  school  dis- 
trict seeking  to  withdraw,  and  the  High  School  Board, 
whenever  a  majority  of  the  lieads  of  families  constituting 
the  union  or  joint  union  high  school  district,  and  two- 
thirds  of  tiie  heads  of  families  residing  in  the  district  seek- 
ing to  withdraw,  as  sliown  by  the  last  preceding  school 
census,  shall  present  to  such  Jioard  of  Supervisors  a  peti- 


APPENDIX.  XIU 

tion  consenting  to  such  withdrawal,  accompanied  by  a 
like  petition  signed  by  a  majority  of  the  members  com- 
posing the  High  School  Board. 

Twenty-third — When  the  average  daily  attendance  of 
pupils  in  any  high  school  during  the  whole  of  any  school 
year,  after  the  lirst  school  year,  shall  be  ten,  or  less  than 
ten,  the  Supei'intendent  of  Schools  shall  suspend  the  school 
in  said  district,  and  shall  report  the  fact  to  the  Board  of 
Supervisors.  Upon  receiving  such  report  from  the  Super- 
intendent, the  Board  of  Supervisors  shall  declare  the  high 
school  lapsed,  and  shall  cause  the  property  thereof  to  be 
sold.  All  moneys  I'eceived  from  the  sale  of  the  property 
of  the  high  school  district,  and  all  moneys  in  the  treasury 
to  the  credit  of  said  high  school,  shall  be  distributed  by 
the  County  Superintendent  to  the  districts  composing  the 
high  school  district,  in  proportion  to  the  assessed  valuation 
of  property  in  said  districts. 

Tiventy-fourtli — Any  high  school  district  that  has  existed 
three  years  or  more,  whether  embracing  one  or  more  school 
districts,  union  or  joint  union,  now  organized  and  existing, 
or  which  may  hereafter  be  established,  may  disincorporate 
and  be  dissolved  and  disestablished  in  the  following  man- 
ner : 

A  petition  signed  by  two-thirds  of  the  heads  of  families, 
as  shown  by  the  last  preceding  school  census,  of  the  high 
school  district  so  petitioning,  shall  be  presented  to  the 
County  Superintendent  of  Public  Schools,  which  petition 
shall  set  forth  briefly  the  reason  for  disincorporation,  and 
shall  pray  that  the  question  may  be  submitted  to  the 
voters  in  said  district.  Upon  receiving  such  petition  the 
Superintendent  shall  call  an  election  in  the  city  or  district, 
and  in  each  school  district  of  any  union  high  school  district 
so  petitioning,  and  shall  submit  to  the  voters  therein  the 
question  of  disincorporation  of  such  high  school  district. 
In  joint  union  high  school  districts  the  petition  shall  be 
presented  to  the  Superintendent  of  each  county  having 
territory  within  the  petitioning  district,  and  each  Superin- 
tendent so  petitioned  shall,  within  fifteen  days  after  re- 
ceiving such  petition,  order  an  election  in  the  district  or 
districts  situate  within  his  own  county  and  forming  a  part 
of  the  joint  union  high  school  district  petitioning.  At  the 
time  of  calling  such  election,  which  in  union  and  joint 
iinion  districts  must  be  held  in  all  the  school  districts  com- 


XIV  APPENDIX. 

posing  them  upon  the  same  day,  the  Superintendent  or 
Superintendents  must  appoint  three  electors  in  each  school 
district  contained  within  the  high  school  district  petition- 
ing, to  conduct  the  election.  Notice  of  election  shall  be 
given  V)y  posting  written  or  printed  notice  thereof,  in  at 
least  three  of  the  most  public  places  in  the  high  school  dis- 
trict in  which  tlie  election  is  called,  for  at  least  twelve 
<lays  next  before  the  day  set  for  such  election.  In  union  and 
joint  union  districts,  the  said  notice  shall  be  given  in  each 
school  district  therein.  Said  election  shall  be  conducted 
iu  the  manner  provided  by  law  for  conducting  school  elec- 
tions. The  ballots  shall  have  printed  on  them  the  words 
"For  Disincorporation ;"  and  the  voters  shall  write  or 
print  thereafter  the  word  "  yes"  or  the  word  *'no."  The 
election  officers  shall  report  the  result  of  such  election 
within  five  days  thereafter  to  the  County  Superintendent 
of  Schools  of  the  counties  of  which  they  are  residents.  If 
a  majority  of  all  the  votes  cast  at  such  election  be  opposed 
to  disincorporation,  no  further  petition  shall  be  entertained 
or  election  ordered  for  a  similar  purpose  within  the  three 
years  next  following  such  election.  If  two  thirds  of  all 
votes  cast  at  such  election  be  in  favor  of  disincorporation, 
the  Superintendent  shall,  at  the  end  of  the  existing  school 
year,  suspend  said  high  school  district,  and  report  the  re- 
sult of  the  election  and  the  fuct  of  such  suspension  to  the 
Board  of  Supervisors  ;  'provided,  that  when  a  joint  union 
high  school  district  is  disincorporated  under  the  provisions 
hereof,  each  of  the  Superintendents  of  the  counties  having 
territory  therein,  shall  immediately  certify  to  the  others, 
the  result  of  the  election  in  his  own  county,  and  all  of 
them  shall  join  in  the  order  of  suspension,  and  each  Super- 
intendent shall  thereafter,  and  before  the  end  of  the  exist- 
ing school  5'^ear,  report  the  result  of  such  election  and  such 
suspension  to  the  Board  of  Supervisors  of  his  county. 
Upon  receiving  such  report,  said  hoards  and  each  of  them, 
shall,  at  the  first  meeting  thereafter,  make  an  order  de- 
claring said  high  school  district  duly  disincorporated  and 
disorganized,  to  take  eflfect  at  the  end  of  the  existing  school 
year.  When  a  city,  district,  or  union  high  school  has  dis- 
incorporated under  the  provisions  of  this  section,  the  prop- 
erty thereof  shall  be  sold,  and  the  proceeds  of  such  sale, 
together  with  any  moneys  in  the  treasury  to  the  credit  of 
such  disincorporating  high  school  district,  shall  be  disposed 


APPENDIX.  XV 

of  as  in  subdivision  twenty -third  hereof.  When  a  joint 
union  high  school  is  disincorporated  under  this  section, 
the  Board  of  Supervisors  of  the  county  within  which  the 
high  school  building  and  other  property  belonging  to  the 
disincorporated  district  is  situated,  shall  sell  the  same  and 
place  the  proceeds  thereof  to  the  credit  of  the  school  dis- 
tricts composing  such  disincorporated  district.  Such 
division  of  said  proceeds  shall  be  in  proportion  to  the 
value  of  property  in  the  districts  among  which  division  is 
made,  as  determined  by  the  last  previous  assessment  for 
school  purposes,  and  the  portions  of  said  proceeds  belong- 
ing under  such  division  to  the  districts  in  other  counties 
than  the  one  in  which  the  sale  is  made,  shall  be  transferred 
by  the  board  making  the  division,  to  the  county  or  coun- 
ties within  which  such  scliool  districts  are  situated  ;  but 
the  joint  union  high  school  funds  in  such  counties  collected 
by  taxation  for  the  maintenance  of  said  joint  union  high 
school,  shall  be  distributed  by  the  Supervisors  of  such 
counties  to  the  districts  from  which  they  were  collected. 

Tiventi/ -fifth — When,  in  consequence  of  distance  or  of 
convenience  in  traveling,  it  is  more  convenient  for  pupils 
residing  in  any  high  school  district  to  attend  the  high 
school  in  another  high  school  district,  the  high  school 
board  of  the  latter  district  may  admit  such  pupils  to  the 
high  school  in  their  district,  upon  such  terms  as  the  two 
boards  may  arrange. 

Twenty -sixth — ( 1 )  When  a  majority  of  the  heads  of  fam- 
ilies residing  in  two  or  more  adjacent  districts,  not  in  the 
same  county,  shall  unite  in  a  petition  to  the  County  Super- 
intendents of  their  respective  counties  for  the  establishing 
and  maintaining  of  a  joint  union  high  school  district,  it  shall 
be  the  duty  of  said  Superintendent,  within  twenty  days 
after  receiving  said  petition,  to  call  an  election  in  the  dis- 
trict or  districts  in  his  county  petitioning,  for  the  purpose 
of  determining  the  question,  and  appoint  three  qualified 
electors  in  each  district  petitioning,  to  conduct  the  election 
therein.  Said  election  shall  be  called  and  conducted  in  all 
respects  as  specified  in  subdivision  fourth  of  this  section, 
and  the  result  thereof  shall  be  reported  by  the  election 
officers  in  each  district  to  the  Superintendents  of  the  coun- 
ties in  which  the  districts  are  situated,  within  five  days 
subsequent  to  the  holding  of  said  election. 

(2)     If  a  majority  of  the  votes  cast  in  the  districts  shall, 


XVI  APPENDIX. 

in  the  aggregate,  be  in  favor  of  establishing  a  joint  union 
high  school,  the  County  Superintendent  in  each  county 
shall,  within  fifteen  days  after  receiving  the  returns  of  the 
election,  direct  the  Board  of  Trustees  in  the  district  or 
districts,  in  his  respective  county,  to  call  a  meeting  of  the 
qualified  electors,  as  provided  in  subdivision  sixth  of  this 
section.  At  said  meeting  the  qualified  electors  in  each 
district  shall  select  representatives,  as  provided  in  said 
subdivision.  The  representatives  so  chosen  shall  meet  at 
a  time  and  place  to  be  agreed  upon  among  themselves,  for 
the  purpose  of  determining  the  name  of  the  high  school. 
The  location  of  the  school  shall  be  determined  by  the  joint 
action  of  the  representatives  chosen  and  the  County  Super- 
intendents of  the  counties  in  manner  and  form  as  provided 
for  the  location  of  union  high  schools. 

(3)  The  joint  union  high  school  board  shall  be  com- 
posed as  provided  in  subdivision  eighth  of  this  section  ; 
and  their  powers  and  duties  shall  be  such  as  are  specified 
in  this  section  for  union  high  school  boards  ;  provided,  that 
the  estimate  provided  for  in  subdivision  fourteenth  of  this 
section  shall  be  furnished  to  the  authorities  in  each  of  the 
counties  in  which  the  districts  uniting  are  situated  ;  and 
provided  further,  that  the  portion  of  the  amount  to  be 
raised  in  each  district  shall  be  in  proportion  to  the  taxable 
property  therein,  as  shown  by  the  last  preceding  assess- 
ment roll  thereof. 

(4)  All  the  provisions  relative  to  the  levy  and  collection 
of  the  tax  necessary  to  maintain  the  high  school  shall  apply 
to  the  levy  and  collection  of  the  tax  for  joint  union  high 
schools  ;  provided,  that  the  amount  collected  in  each  dis- 
trict shall  be  paid  into  the  treasury  of  the  county  in  which 
said  district  is  located,  to  the  credit  of  a  fund  to  be  known 
as  the  joint  union  high  school  fund,  and  shall  be  paid  out 
as  provided  in  subdivision  nineteenth  of  this  section. 

Subdivisions  sixth,  seventh  and  ninth  of  Section  1671  were 
amended  in  1895;  subdivision  tenth  was  changed  to  sub- 
division eleventh,  and  a  new  subdivision  was  adopted  as 
subdivision  tenth.  These  several  subdivisions  now  are  as 
follows  :  — 

Sixth — It  shall  be  the  duty  of  the  County  Board  of  Edu- 
cation to  furnish  to  the  Board  of  Supervisors,  annually,  an 


APPENDIX.  XVll 

estimate  of  the  amount  of  money  needed  to  pay  all  of  the 
necessary  expenses  of  running  said  school ;  to  adopt  the 
necessary  text-books  (the  State  Series  shall  be  used  in 
grades  and  classes  for  which  they  are  adapted) ;  to  adopt 
and  enforce  a  course  of  study  for  said  schools  ;  to  employ 
suitable  teachers,  janitors,  and  other  employes,  and  dis- 
charge such  employes  when  deemed  advisable  by  them, 
and  to  do  any  and  all  other  things  necessary  to  the  proper 
conduct  of  the  school.  The  course  of  study  shall  embrace 
a  period  not  less  than  three  years,  and  it  shall  be  such  as 
will  prepare  graduates  therein  for  admission  to  the  State 
University, 

Seventh — It  shall  be  the  duty  of  the  Board  of  Supervisors 
to  include  in  their  annual  tax  levy  an  amount  sufficient  to 
maintain  the  county  higli  school ;  and  such  amount,  when 
collected  and  paid  into  the  County  Treasury,  shall  be 
known  as  the  "  County  High  School  Fund,"  and  may  be 
drawn  therefrom  in  the  following  manner,  for  the  purpose 
of  defraying  the  expenses  of  conducting  said  county  high 
school.  The  County  Board  of  Education  shall  draw  their 
order  on  the  County  Superintendent  of  Schools,  in  the 
manner  and  form  provided  by  law  for  school  district  trus- 
tees drawing  orders  on  their  district  school  funds,  and  the 
County  Superintendent  shall  draw  his  requisition  on  the 
Auditor,  who  shall  draw  his  warrant  on  the  County  Treas- 
urer in  favor  of  the  person  or  persons  to  whom  the  amount 
called  for  in  such  requisition  is  due.  All  orders,  requisi- 
tions, and  warrants  drawn  on  the  ''County  High  School 
Fund,"  in  all  other  respects,  except  as  specified  in  this 
Act,  shall  be  subject  to  the  law  governing  school  districts. 

Ninth — All  county  high  schools  shall  be  open  for  the 
admission  of  graduates  holding  diplomas  from  the  grammar 
schools  of  the  county,  and  to  all  pupils  of  the  county  who 
can  pass  the  examination  for  admission.  The  examination 
for  admission  shall  be  conducted  by  the  County  Board  of 
Education  any  the  Principal  of  the  county  high  school. 

I'enth— 'Nothing  in  this  Act  shall  be  construed  so  as  to 
prevent  the  Principal  of  the  high  school  from  acting  as 
Principal  of  the  grammar  school  of  the  school  district  in 
which  the  high  school  is  located,  if  so  desired  by  the  Trus- 
tees of  said  school  district. 

Eleventh — All  proceedings  for  the  establishment  of  coun- 
ty and  union  high  schools  had  prior  to  the  passage  and 


XVlll  APPENDIX. 

approval  of  this  Act,  are  hereby  validated  and  declared 
legal ;  and  said  high  school  shall  continue  under  the  pro- 
visions of  the  law  under  which  they  were  established,  until 
the  first  day  of  July,  one  thousand  eight  hundjed  and 
ninety-five;  thereafter  they  shall  be  conducted  in  accord- 
ance with  the  provisions  of  this  Act. 

Sections  1,  8,  and  9,  of  an  Act  relating  to  the  issue  of 
bonds  by  cities  of  the  fifth  class,  as  it  appears  on  page  226 
et  seq.  of  the  Manual,  were  amended  in  1897  to  read  as 
follows  : — 

Section  1 .  The  Board  of  Education  of  any  school  dis- 
trict in  a  city  of  the  fifth  class,  or  of  any  school  district 
which  embraces  territory,  a  portion  of  which  is  within  and 
a  pqrtiou  of  which  is  without  such  city  of  the  fifth  class, 
may,  when  in  their  judgment  it  is  advisable,  and  must, 
when  requested  by  the  Board  of  Trustees  of  such  city,  call 
an  election  and  submit  to  the  electors  of  the  district 
M'-hether  the  bonds  of  such  district  shall  be  issued  and  sold 
for  the  purpose  of  raising  money  to  purchase  school  lots, 
and  for  building  or  purchasing  one  or  more  school-houses, 
and  supplying  the  same  with  furniture,  necessary  apparatus 
and  improving  the  grounds,  and  for  liquidating  any  indebt- 
edness already  incurred  for  such  purposes. 

Section  8.  The  Board  of  Supervisors,  at  the  time  of 
making  the  levy  of  taxes  for  county  purposes,  must  levy  a 
tax  for  that  year  upon  the  taxable  property  in  such  district 
for  the  interest  and  redemption  of  said  bonds  ;  and  such 
tax  must  not  be  less  than  suilicient  to  pay  the  interest  of 
said  bonds  for  that  year,  and  such  portion  of  the  principal 
as  is  to  become  due  during  such  year,  and  in  any  event 
must  be  high  enough  to  raise,  annually,  for  the  first  half 
of  the  term  said  bonds  have  to  run,  a  sufficient  sum  to  pay 
the  interest  thereon,  and  during  the  balance  of  the  term, 
high  enough  to  pay  such  annual  interest ;  and  to  pay,  an- 
nually, a  proportion  of  the  principal  of  said  bonds  equal  to 
a  sum  produced  l)y  taking  the  whole  amount  of  said  bonds 
outstanding  and  dividing  it  by  the  number  of  years  said 
bonds  tlioi  have  to  run  ;  and  all  moneys  so  levied,  when 
collected,  shall  be  paid  into  the  county  treasury  to  the 
credit  of  the  buikling  fund  of  such  district,  and  be  used  for 
the  payment  of  principal  and  interest  on  said  bonds,  and 


AVPENDfX.  XIX 

for  no  other  purpose.  The  principal  and  interest  on  said 
bonds  shall  be  paid  by  the  County  Treasurer,  upon  the 
warrant  of  the  Auditor,  out  of  the  fund  provided  therefor  ; 
and  it  shall  be  the  duty  of  the  Auditor  to  cancel  and  file 
with  the  Treasurer  the  bonds  and  coupons  as  rapidly  as 
they  are  paid.  This  section  shall  also  apply  to  all  cases 
where  bonds  were  issued  under  the  provisions  of  the  afore- 
said Act,  approved  March  thirty-first,  eighteen  hundred 
and  ninety-one,  and  in  such  cases  all  moneys  collected 
under  the  provisions  of  this  section  shall  be  paid  by  the 
County  Treasurer  upon  the  warrant  of  the  Auditor,  to  the 
City  Treasurer  of  the  city  where  such  bonds  and  the  inter- 
est thereon  are  payable.  Warrants  for  all  such  moneys 
shall  be  drawn  by  the  Auditor  from  time  to  time,  upon  the 
demand  of  such  City  Treasurer, 

Section  9.  If  tlie  Board  of  Supervisors  of  any  county 
in  which  any  school  district  has  issued  bonds,  under  the 
provisions  of  this  Act,  or  under  the  provisions  of  said  Act 
approved  March  thirty-first,  eighteen  hundred  and  ninety- 
one,  shall  fail  to  make  the  levy  necessary  to  pay  such 
bonds  or  interest  cotipons  at  maturity,  and  the  same  shall 
have  been  presented  to  the  County  Treasurer,  and  the 
payment  thereof  refused,  the  owner  may  file  the  bonds, 
together  with  all  unpaid  coupons,  with  the  State  Con- 
troller, taking  his  receipt  therefor,  and  the  same  shall  be 
registered  in  the  State  Controller's  office  ;  and  the  State 
Board  of  Equalization  shall,  at  their  next  session,  and  at 
each  annual  equalization  thereafter,  add  to  the  State  tax 
to  be  levied  in  said  dist)ict  a  sufficient  rate  to  raise  the 
amount  of  principal  and  interest  past  due  prior  to  the  next 
levy,  and  the  same  shall  be  levied  and  collected  as  a  part 
of  the  State  tax,  and  paid  into  the  State  Treasury,  and 
passed  to  the  special  credit  of  such  district  bond  tax,  and 
shall  be  paid  by  warrants,  as  the  payments  mature,  to  the 
holder  of  such  registered  obligations,  as  shown  by  the  reg- 
ister in  the  office  of  the  State  Controller,  until  the  same 
shall  be  fully  satisfied  and  discharged  ;  any  balance  then 
remaining  shall  be  transmitted  to  the  Treasurer  of  the 
county  in  which  is  situated  the  district  by  which  such 
bonds  were  issued,  and  shall  be  placed  by  tlie  County 
Treasurer  to  the  credit  of  the  general  school  fund  of  said 
district. 


XX  APPENDIX. 

Section  1885  was  amended  in  1897  to  read  as  follows  : — 
1885.  The  Board  of  Supervisors,  by  an  order  entered 
upon  its  minutes,  shall  prescribe  the  form  of  said  bonds, 
and  of  the  interest  coupons  attached  thereto,  and  must  fix 
the  time  when  the  whole  or  any  part  of  the  principal  of 
said  bonds  shall  be  payable,  which  shall  not  be  more  than 
twenty  years  from  the  date  thereof. 

The  Act  creating  a  public  school  teachers'  annuity  and 
retirement  fund  was  changed  in  1897  to  read  as  follows  : — 

CHAPTER  CLXIX. 

An  Act  to  amend  an  Act  approved  Ma7'ch  26,  1895,  entitled 
"An  Act  to  create  and  administtr  a  public  school  teach- 
ers^ annuity  and  retirement  fund  in  the  several  counties, 
and  cities  and  counties  in  the  State." 

[Approved  March  29,  1897.] 

The  People  of  the  State  of  California,  represented  in  Senate 
and  Assembly,  do  enact  asfolloivs: 

Section  1.  Section  one  of  an  Act  entitled  "  An  Act  to 
create  and  administer  a  public  school  teachers'  annuity 
and  retirement  fund  in  the  several  counties,  and  cities  and 
counties  of  the  State,"  approved  March  twenty-sixth, 
eighteen  hundred  and  ninety-five,  is  amended  so  as  to  read 
as  follows,  viz. : 

Section  1.  The  Superintendent  of  Public  Schools,  or 
in  consolidated  cities  and  counties,  the  Superintendent  of 
Common  Schools,  the  County  Treasurer,  or  in  consolidated 
cities  and  counties,  the  City  and  County  Treasurer,  and 
the  chairman  of  the  Board  of  Supervisors,  or  in  consoli- 
dated cities  and  counties,  the  Mayor,  of  each  county,  or 
consolidated  city  and  county,  and  their  successors  in  office, 
are  hereby  constituted  a  Board  of  Trustees  of  the  public 
school  teachers'  annuity  and  retirement  fund,  to  manage 
the  same  as  hereinafter  directed  ;  said  Board  shall  be 
known  as  the  public  school  teachers'  retirement  fund  com- 
missioners, and  its  members  shall  serve  without  extra 
compensation,  and  shall  be  liable  on  their  official  bonds 
for  the  performance  of  the  duties  imposed  by  this  Act. 
It  shall  be  the  duty  of  the  District  Attorney  of  every 
county,  or  the  City  and  County  Attorney  of  every  con- 


APPENDIX,  XXI 

solidated  city  and  county,  to  attend  to  ail  suits,  matters 
and  things  in  which  the  said  Board  of  Commissioners  may 
lie  legally  interested,  and  to  give  his  advice  or  opinion,  in 
writing,  whenever  required  by  said  Board. 

Sections  two  and  four  of  said  Act  are  hereby  amended 
so  as  to  read  as  follows,  and  to  be  known  as  Section  two 
of  this  Act,  viz. : 

Section  2,  The  public  school  teachers'  retirement  fund 
commissioners  shall  organize  as  such  Board  by  choosing 
one  of  their  number  as  Chairman,  and  one  as  Secretary. 
The  County  Treasurer,  or  in  consolidated  cities  and 
counties,  the  City  and  County  Treasurer,  shall  be  ex-officio 
Treasurer  of  the  said  retirement  fund.  Said  Board  shall 
hold  quarterly  meetings  on  the  third  Saturday  in  January, 
April,  July  and  October  of  each  year,  at  the  office  of  the 
County  Superintendent  of  Public  Schools,  or,  in  consoli- 
dated cities  and  counties,  at  the  office  of  the  Superintend- 
ent of  Common  Schools.  It  shall  biennially,  at  its  meet- 
ing in  January,  select  from  its  members  a  Chairman  and 
a  Secretary.  A  majority  of  its  members  shall  constitute 
a  quorum  for  the  transaction  of  business.  It  shall  report 
annually  to  the  Board  of  Supervisors  of  the  county,  or 
consolidated  city  and  county,  the  condition  of  said  retire- 
ment fund,'  and  the  receipts  and  disbursements  on  account 
of  the  same,  with  a  full  and  complete  list  of  the  bene- 
ficiaries of  said  fund,  and  the  amounts  paid  to  each  of 
them. 

Section  3.  *A  new  section  is  hereby  added  to  said  Act, 
to  be  known  as  Section  three,  and  to  read  as  follows,  viz. : 

Section  3.  Said  Board  of  Public  School  Teachers'  Re- 
tirement Fund  Commissioners  shall  issue  warrants,  signed 
by  its  Chairman  and  Secretary,  to  the  persons  entitled 
thereto,  for  the  amounts  of  money  ordered  paid  to  such  per- 
sons from  said  fund  by  said  Board,  stating  therein  for 
what  purpose  such  payment  is  made,  and  the  Treasurer 
shall  pay  such  warrants  on  presentation.  Said  Board 
shall  keep  a  record  of  all  its  proceedings,  and  said  record 
shall  be  open  to  public  inspection.  It  shall,  at  each 
quarterly  meeting,  make  a  list  of  all  persons,  if  any,  en- 
titled to  payment  out  of  the  funds  provided  by  this  Act, 
and  enter  said  list  in  a  book  to  be  kept  by  them  for  that 
purpose,  to  be  known  as  the  public  school  teachers'  an- 
nuity and  retirement  fund  book,  which  list  shall  be  sworn 


XXll  AFrENDIX. 

to  as  correct  l)y  the  Chairman  and  the  Secretary  of  said 
Board,  and  which  shall  be  open  to  public  inspection. 

Section  five  of  said  Act  is  hereby  amended  so  as  to  read 
as  follows,  and  to  be  known  as  Section  four  of  this  Act, 
viz. : 

Section  4.  In  addition  to  the  powers  hereinbefore 
granted  to  said  Board,  it  shall  have  the  further  power  (1) 
to  provide  for  the  payment,  out  of  the  hereinafter  des- 
cribed annuity  fund,  of  necessary  expenses,  such  as  print- 
ing, stationery  and  postage  stamps  ;  and  in  counties,  or  in 
consolidated  cities  and  counties,  where  the  number  of 
those  subject  to  the  burdens  of  this  Act  is  greater  than 
two  hundred,  to  employ  a  clerk  at  a  salary  not  to  exceed 
twenty-five  dollars  per  month  ;  (2)  to  make  such  needful 
rules  and  regulations  for  the  transaction  of  its  business, 
from  time  to  time,  as  may  be  necessary. 

Section  5.  A  new  section  is  hereby  added  to  said  Act, 
to  be  known  as  Section  five,  and  to  read  as  follows,  viz. : 

Section  5.  Those  subject  to  the  burdens  of  this  Act  in 
each  county,  or  in  each  consolidated  city  and  county,  at  a 
meeting  called  for  that  purpose  by  the  Superintendent  of 
Public  Schools  of  such  county,  or  by  the  Superintendent 
of  Common  Schools  of  such  city  and  county,  on  the  first 
Saturday  in  May  following  the  creation  of  the  fund  herein- 
after specified,  shall  elect  by  ballot  five  of  their  number, 
who  shall  constitute  a  committee  on  retirement ;  the  mem- 
bers of  said  committee  shall,  immediately  after  their  elec- 
tion, classify  themselves  by  lot  so  that  one  shall  serve  for 
one  year,  two  shall  serve  for  two  years,  and  tvro  shall  serve 
for  three  years  ;  and  thereafter,  annually,  at  a  meeting 
called  in  the  same  manner  on  the  first  Saturday  in  May, 
the  successor  or  successors  of  the  member  or  members  of 
said  committee  whose  term  of  office  has  expired,  shall  be 
elected  for  a  term  of  three  years  ;  provided,  however,  that 
said  committee  shall  always  consist  of  at  least  one  class 
teacher  from  some  primary  school,  one  from  some  gram- 
mar school,  and  one  from  some  high  school  within  the 
county,  or  consolidated  city  and  county,  whenever  such 
election  is  possible. 

Section  6,  A  new  section  is  hereby  added  to  said  Act, 
to  be  known  as  Section  6,  and  to  read  as  follows,  viz. : 

Section  6.  The  Board  of  Education  of  any  incorpor- 
ated city  or  town,  and  the  Board  of  Trustees  of  any  school 


APPENDIX.  XXIU 

districts  outside  of  said  city  or  town,  shall  refer  all  ap- 
plications for  retirement  to  said  Committee  on  Retirement, 
or  may,  of  its  own  motion,  submit  the  name  of  any  per- 
son or  persons,  whom  it  desires  to  have  retired,  to  the 
said  Committee  on  Retirement,  and  it  shall  thereupon  be 
the  duty  of  said  committee  to  investigate  the  case  and  re- 
I)ort  to  said  Board  of  Education  or  Board  of  Trustees, 
whether  or  not  said  teacher  should  be  retired,  and  the 
annuity  to  which  said  teacher  is  entitled,  if  entitled  to 
any.  At  least  three  members  of  the  said  committee  must 
concur  in  the  report,  if  it  be  in  favor  of  granting  said  an- 
nuity. This  report  of  said  committee  shall  be  final.  Said 
Board  of  Education,  or  Board  of  Trustees,  shall  there- 
upon certify  and  send  this  report  to  the  pul)lic  school 
teachers'  retirement  fund  commissioners,  who  shall  be 
bound  by  its  decision. 

Section  7.  A  new  section  is  hereby  added  to  said  Act, 
to  be  known  as  Section  seven,  and  to  read  as  follows,  viz. : 

Section  7.  In  addition  to  the  powers  heretofore 
granted  to  said  Committee  on  Retirement,  it  shall  have 
the  power  (1)  to  subpoena  and  compel  witnesses  to  attend 
and  testify  before  it  on  all  matters  relating  to  the  opera- 
tion of  this  Act,  and  any  member  of  said  committee  may 
administer  an  oath  or  affirmation  to  such  witness  in  the 
form  prescribed  in  courts  of  justice  ;  (2)  to  make  such  rules 
and  regulations  for  the  transaction  of  its  business  as  may 
from  time  to  time  be  necessary. 

Section  8.  Section  three  of  said  Act  is  hereby  amended 
so  as  to  read  as  follows,  and  to  be  known  as  Section  eight 
of  said  Act,  viz. : 

Section  8.  (a)  Any  teacher  who  shall  have  served  in 
the  public  schools  of  this  State  for  a  period  of  thirty 
years,  as  a  teacher  or  school  officer,  and  who  shall  have 
been  subject  to  the  burdens  imposed  by  this  Act  for  thirty 
years,  shall  be  entitled  to  retire  and  to  receive  from  the 
public  school  teachers'  annuity  and  retirement  fund  the 
sum  of  thirty  dollars  (^30)  per  month  in  counties,  and  fifty 
dollars  per  month  in  consolidated  cities  and  counties,  pay- 
able quarterly  ;  and  any  teacher  who  shall  have  become 
incapacitated  for  performing  the  duties  of  a  teacher,  and 
who  shall  have  been  a  contributor  to  the  annuity  fund  for 
at  least  five  years,  shall  be  entitled  to  retire  and  to  re- 
ceive an  annuity  from  the  public  school  teachers'  annuity 


XXIV  APPENDIX. 

and  retirement  fund  equal  to  such  proportion  of  the  maxi- 
mum annuity  granted  under  this  Act,  as  the  time  that  he 
or  she  has  been  subject  to  the  burdens  imposed  by  this 
Act,  bears  to  the  period  of  thirty  years  ;  provided,  hoio- 
ever,  that  any  annuity  shall  be  suspended  if  its  recipient 
return  to  service  in  the  public  schools,  and  any  annuity 
less  than  two-thirds  of  the  maximum  annuity  shall  cease 
if  the  Committee  on  Retirement  constituted  in  Section 
five  of  this  Act,  shall  at  any  time  decide  that  its  recipient 
has  been  restored  to  the  capacity  of  performing  the  duties 
of  a  teacher,  and  has  been  reimbursed  from  the  annuity 
fund  at  least  the  full  amount  of  his  or  her  contribution 
thereto  ;  provided  further,  that  such  proportionate  reduc- 
tion shall  not  apply  to  those  now  employed  in  the  public 
schools  who  shall  have  tiled  the  notice  hereinafter  specified 
within  ninety  days  after  the  passage  of  this  Act  in 
counties,  or  in  consolidated  cities  and  counties  where  the 
provisions  of  the  Act  to  which  this  Act  is  amendatory  are 
now  applicable,  and  within  ninety  days  after  the  estab- 
lishment of  the  fund  hereinafter  specified  in  all  other 
counties,  or  consolidated  cities  and  counties,  and  who  shall 
have  paid  at  the  time  of  their  retirement  an  amount  equal 
to  what  they  would  have  paid  into  the  fund  had  they  been 
contributing  thirty  years  ;  provided  further,  that  if  a  per- 
son cease  to  teach  in  any  county,  or  city  and  county  where 
he  or  she  has  been  subject  to  the  burdens  imposed  by  this 
Act,  then  after  such  person  has  tavight  in  the  public 
schools  of  this  State  for  thirty  years,  he  or  she  shall  be 
entitled  to  retire  and  to  receive  from  the  public  school 
teachers'  annuity  and  retirement  fund  of  the  county,  or 
consolidated  city  and  county  to  which  he  or  she  has  con- 
tributed, an  annuity  equal  to  such  proportion  of  the  maxi- 
mum annuity  granted  under  this  Act,  as  the  time  that  he 
or  she  has  been  subject  to  the  burdens  imposed  by  this 
Act  in  such  county,  or  city  and  county,  bears  to  the 
period  of  thirty  years  ;  and  provided  fartlier,  that  if  any 
teacher  shall  be  compelled,  by  reason  of  ill  health,  to  re- 
tire from  the  profession  of  teaching  after  the  expiration  of 
five  years  and  before  the  expiration  of  thirty  (30)  years  of 
service  in  the  public  schools  of  this  State,  such  retiring 
teacher,  if  a  contribiitor  to  the  annuity  fund  at  the  time 
of  retirement,  shall  be  entitled  to  as  many  thirtieths 
(30ths)  of  tlie  full  annuity  as  he  or  she  has  had  years  ol 


APPENDIX.  XXV 

service  by  paying  into  the  annuity  fund  the  contributions 
to  that  fund  corresponding  to  those  years  of  service 
rendered  at  a  time  when  or  in  a  place  where  it  was  impos- 
sible to  make  such  contributions  by  reason  of  the  non- 
existence of  an  annuity  fund. 

(6)  Teachers  of  evening  schools  receiving  a  salary  of 
fifty  dollars  or  less,  shall  be  subject  to  one-half  its  burdens 
and  shall  be  entitled  to  one-half  of  the  benefits  of  this  Act; 
provided,  that  any  teacher  who  is  employed  both  in  a  day 
and  in  an  evening  school  shall  be  considered  for  the  pur- 
poses of  this  Act  to  be  employed  in  a  day  school  only. 

Section  9.  A  new  section  is  hereby  added  to  said  Act, 
to  be  known  as  section  nine,  and  to  read  as  follows,  viz.: 

Section  9.  If  at  the  end  of  any  quarter  year  there  shall 
not  be  a  sufficient  amount  of  money  in  the  "  annuity  fund" 
hereinafter  described,  to  pay  all  warrants  or  demands  of 
annuitants  in  full,  then  the  mone}'  in  tliat  fund  shall  be 
divided  pro  rata  among  them,  and  the  sum  received  by 
each  annuitant  shall  be  in  full  discharge  of  all  claims 
against  said  fund  to  that  date. 

Section  10.  Section  six  of  said  Act  is  hereby  amended 
so  as  to  read  as  follows,  and  to  be  known  as  section  ten  of 
this  Act,  viz. : — 

Section  10.  The  public  school  teachers'  annuity  and 
retirement  fund  herein  provided  for,  shall  consist  of  the  fol- 
lowing, with  the  income  and  interest  thereof  :  (I)  Twelve 
dollars  {i^\'2)  per  school  year,  of  the  salaries  paid  to  all 
those  subject  to  the  burdens  of  this  Act,  in  each  county  or 
consolidated  city  and  county,  shall  be  deducted  from  the 
warrants  for  salary,  and  paid  by  the  Treasurer  of  the 
county,  or  consolidated  city  and  county,  to  the  public 
school  teachers'  retirement  fund  commissioners  of  said 
county,  or  consolidated  city  and  county  ;  and  it  shall  be 
the  duty  of  the  Secretary  of  the  Board  of  Education  in 
every  incorporated  city  or  town,  or  consolidated  city  and 
county,  and  the  Secretary  of  the  Board  of  Trustees  of 
every  school  district  outside  of  such  city  or  town,  or  con- 
solidated city  and  county,  to  note  in  each  warrant  the 
amount  to  be  deducted  by  the  Treasurer.  (11)  All  moneys 
received  from  gifts,  bequests,  and  devises,  or  from  any 
other  source.  (Ill)  All  money,  pay,  compensation,  or 
salary  forfeited,  deducted,  or  withheld  from  the  warrant 
or  demand  for  salary  of  any  teacher  or  teachers  for  and  on 


XXVI  APPENDIX. 

account  of  absence  from  duty  from  any  cause,  which  the 
Board  of  Education  of  every  incorporated  city  or  town,  or 
the  Board  of  Trustees  of  every  school  district  outside  of 
such  city  or  town,  may  appropriate  and  set  apart  for  the 
aforesaid  fund  ;  and  said  Board  of  Education,  or  Boards 
of  Trustees,  are  hereby  empowered  to  appropriate  such 
moneys,  or  any  part  thereof,  for  such  fund  ;  provided,  that 
in  consolidated  cities  and  counties,  after  the  establishment 
of  an  annuity  fund  therein,  it  is  hereby  made  the  duty  of 
Boards  of  Education  to  appropriate,  monthly,  at  least  one- 
half  of  such  moneys  for  such  fund. 

Section  11,  A  new  section  is  hereby  added  to  said  Act, 
to  be  known  as  section  eleven,  and  to  read  as  follows, 
viz. : — 

Section  11.  The  public  school  teachers'  annuity  and 
retirement  fund  herein  provided  for  shall  be  divided  into 
two  distinct  funds,  or  accounts,  (1)  the  permanent  fund, 
and  (2)  the  annuity  fund. 

(1)  The  permanent  fund. 

A.  The  permanent  fund  shall  consist  of  :  (I)  Twenty- 
five  per  cent,  of  all  contributions  from  those  affected  by 
this  Act ;  (II)  Twenty-live  per  cent,  of  all  gifts,  bequests, 
or  devises,  unless  otherwise  ordered  by  the  donor  or  testa- 
tor; (III)  Twenty-tive  per  cent,  of  all  moneys  deducted 
from  the  salary  of  teachers  because  of  absence  from  duty. 

B.  When  the  permanent  fund  shall  amount  to  the  sum 
of  fifty  thousand  dollars,  then  all  moneys  thereafter  re- 
ceived shall  go  into  the  annuity  fund,  except  such  gifts, 
devises,  or  bequests  as  may  be  specially  directed  by  its 
donor  or  testator  to  be  placed  in  the  permanent  fund. 

C.  It  shall  be  the  duty  of  the  public  school  teachers' 
retirement  fund  commissioners  to  invest  the  aforesaid  per- 
manent fund  in  interest-bearing  bonds  issued  by  the  Fed- 
eral, State,  county,  city  and  county,  or  municipal  govern- 
ments, and  to  apply  the  interest  thereon  as  herein  directed. 

(2)  The  annuity  fund. 

A.  The  annuity  fund  shall  consist  of:  (I)  The  income 
derived  from  the  permanent  fund  ;  (II)  All  other  moneys 
belonging  to  the  public  school  teachers'  annuity  and  retire- 
ment fund,  not  hei'einbeforc  directed  to  be  placed  in  the 
permanent  fund  ;  (III)  All  money  in  the  fund  provided 
for  in  the  Act  to  which  this  is  amendatory. 


APPENUIX.  XXVH 

B.  The  annuity  fund  shall  be  the  only  one  from  which 
annuitants  shall  l^e  paid. 

C.  If  at  the  end  of  any  fiscal  year  there  remain  any 
surplus  in  the  annuity  fund,  sai<l  surplus  shall  bo  deposited 
by  the  public  school  teachers'  annuity  and  retirement 
fund  commissioners  in  any  savings  bank  or  savinj^s  banks 
designated  by  them. 

Section  12.  Section  seven  of  said  Act  is  hereby  amended 
as  as  to  read  as  follows,  and  to  be  known  as  section  twelve 
of  said  Act,  viz. : — 

Section  12.  This  Act  shall  be  binding  (1)  upon  such 
public  school  teachers,  and  such  other  officers  of  the  school 
department  as  possess  teachers'  certificates,  who,  after  the 
passage  of  this  Act,  shall  sign  and  deliver  to  the  public 
school  teachers'  retirement  fund  commissioners,  and  to 
the  Secretary  of  the  Board  of  Education  of  the  incorpor- 
ated city  or  town,  or  consolidated  city  and  county,  or  to 
the  Secretary  of  the  Board  of  Trustees  of  the  school  dis- 
trict in  which  they  are  employed,  a  notice  in  substantially 
the  following  form  : — 
To  the  Public  School  Teachers'  Annuity  and  Retirement 

Fund  Commissioners,  of  — ■ County  (or  city  and 

county) : — 

You  are  hereby  notified  that  I  agree  to  be  bound  by, 
and  desire  to  avail  myself  of  the  provisions  of  the  Act 
of   the  Legislature  of   the   State  of   California,   approved 

,  eighteen  hundred  and  ninety -seven,  entitled  "An 

Act  to  amend  an  Act  approved  March  twenty-six,  eighteen 
hundred  and  ninety-tive,  entitled  'An  Act  to  create  and 
administer  a  public  school  teachers'  annuity  and  retire- 
ment fund  in  the  several  counties,  and  cities  and  counties 
in  the  State.'" 


Public  School  Teacher. 
And  provided,  that  at  least  thirty  teachers  within  the 
county,  or  consolidated  city  and  county,  have  filed  the 
notice  hereinbefore  set  forth  ;  provided Jurther,  that  in  all 
counties,  or  in  consolidated  cities  and  counties,  when  there 
is  a  less  number  of  teachers  than  thirty,  this  Act  shall  be 
binding  on  all  those  who  signify  their  intention  of  being 
bound  thereby. 

(2)     In  consolidated  cities  and  counties  it  shall  be  bind- 
ing upon  all  teachers  elected  or  appointed  to  teach  in  the 


XXVIU  APPENDIX. 

public  schools  of  such  consolidated  cities  and  counties  after 
the  passage  of  this  Act. 

(3)  Annuities  heretofore  granted  under  the  provisions 
of  the  Act  of  which  this  Act  is  amendatory  shall  be  con- 
tinued for  the  same  amount  as  lieretofore  paid,  subject, 
however,  to  the  conditions  imposed  by  sections  nine  (9) 
and  eleven  (II)  of  this  Act. 

Section  13.  Section  eight  of  said  Act  is  hereby  amended 
so  as  to  read  as  follows,  and  to  be  known  as  section  thir- 
teen of  this  Act,  viz. : — 

Section  13.  All  Acts  or  parts  of  Acts  in  conflict  with 
the  provisions  of  this  Aet  are  hereby  repealed. 

Section  14.  Section  nine  of  said  Act  is  hereby  amended 
so  as  to  read  as  follows,  and  to  be  known  as  section  four- 
teen of  said  Act,  viz. : — 

Section  14.  This  Act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Sections  354,  1489,  1491,  1492,  1495,  1497,  1501,  1503 
and  1505  of  the  Political  Code  were  amended  in  1897,  to 
read  as  follows,  and  Sections  1504  and  1506  of  said  Code 
were  repealed  : — 

354.  The  normal  schools  at  San  Jose,  at  Los  Angeles 
and  at  Chico,  and  any  normal  school  established  by  the 
Legislature  of  the  State  of  California,  after  the  first  day 
of  January,  eighteen  hundred  and  ninety-seven,  shall  be 
known  as  State  Normal  Schools,  and  sliall  each  have  a 
Board  of  Trustees,  constituted  as  follows  :  The  Governor 
and  Superintendent  of  Public  Instruction  shall  be  ex  officio 
members  of  each  board,  and  the  president  of  each  school 
shall  be  ex  officio  a  member  of  the  local  board  of  the  school 
with  which  he  is  connected  ;  provided,  he  shall  have  no 
vote  upon  any  charges  or  complaints  made  against  him- 
self, or  upon  his  own  employment  or  retention  in  his 
place.  There  shall  also  be  four  other  men)bers  of  the 
local  board  for  each  normal  school,  whose  terms  of  oflSce 
shall  be  four  years  and  who  shall  be  appointed  by  the 
(Jovernor,  by  and  with  the  advice  and  consent  of  the  Sen- 
ate of  the  State  of  California.  It  shall  be  the  duty  of  the 
Ciovernor,  on  or  before  the  first  day  of  July,  eighteen  hun 
dred  and  ninety-seven,  to  appoint  four  trustees  as  mem- 
bers of  each  of  the  local  boards,  one  to  serve  for  one  year, 


APPENDIX.  XXIX 

one  for  two  years,  one  for  three  years  and  one  for  four 
years,  and  thereafter  to  fill  vacancies  m  such  board,  the 
terms  of  service  thereafter  to  be  for  four  years,  and  to  be- 
gin July  first  of  each  foiirth  year. 

1489.  The  powers  and  duties  of  each  Board  of  Trustees 
are  as  follows  : 

1.  To  elect  a  secretary,  who  shall  receive  such  salary, 
not  to  exceed  one  hundred  and  fifty  dollars  per  annum,  as 
may  be  allowed  by  the  board  ; 

2.  To  prescribe  rules  for  their  government  and  the 
government  of  the  school ; 

3.  To  prescribe  rules  for  the  report  of  officers  and 
teachers  of  the  school,  and  for  visitiug  other  schools  and 
institutions  ; 

4.  To  provide  for  the  purchase  of  school  apparatus, 
furniture,  stationery  and  text-books  for  the  use  of  pupils  ; 

5.  To  establisli  and  maintain  model  and  training 
schools  of  the  kindergarten,  primary  and  grammar  grades, 
and  require  the  students  of  the  normal  schools  to  teach 
and  instruct  classes  therein  ; 

6.  To  elect  necsssary  teachers  upon  their  nomination 
by  the  President,  tix  their  salaries,  and  prescribe  their 
duties  ;  provided,  that  after  the  teachers  have  served  suc- 
cessfully and  acceptably  for  a  term  of  two  years,  their  aj)- 
poiutment  thereafter  shall  be  made  for  a  term  of  four  years 
at  least,  unless  removed  for  cause,  as  herein  after  specified  ; 

7.  To  control  and  expend  all  moneys  appropriated  for 
the  support  and  maintenance  of  the  school,  and  all  moneys 
received  for  tuition  or  donations  ; 

8.  To  cause  a  record  of  all  their  proceedings  to  be  kept, 
which  shall  be  open  to  public  inspection  at  the  school  ; 

9.  To  keep,  open  to  public  inspection,  an  account  of 
receipts  and  expenditures  ; 

10.  To  annually  report  to  the  Governor  a  statement  of 
their  transactions,  and  of  all  matters  pertaining  to  the 
school ; 

11.  To  transmit  with  such  report  a  copy  of  the  presi- 
dent's annual  report ; 

12.  To  revoke  any  diploma  by  them  granted,  on  re- 
ceiving satisfactory  evidence  that  the  holder  thereof  is  ad- 
dicted to  drunkenness,  is  guilty  of  gross  immorality,  or  is 
reputedly  dishonest  in  his  dealings  ;  provided,  that  such 
person  shall  have  at  least  thirty   days'  previous  notice  of 


XXX  APPENDIX. 

such  contemplated  action,  and  shall,  if  he  asks  it,  be  heard 
in  his  own  defense. 

1491.  The  time  and  place  of  regular  meetings  must  be 
fixed  by  the  by-laws  of  the  board.  The  secretary  must 
give  written  notice  of  the  time  and  place  of  special  meet- 
ings to  each  member  of  the  board.  •  Each  member  shall  be 
allowed  his  expenses  in  attending  the  meetings  of  the 
board,  the  bills  to  be  audited  the  same  as  any  bills  for  the 
maintenance  of  the  school. 

1492.  There  shall  be  a  joint  Board  of  Normal  School 
Trustees,  to  be  composed  of  the  members  of  the  local 
boai'ds  of  the  several  State  Normal  Schools.  This  board 
shall  meet  on  the  second  Friday  of  April  of  each  year, 
alternately  at  the  different  State  Normal  Schools.  The 
first  meeting  after  the  passage  of  this  Act  shall  be  at  Los 
Angeles  ;  the  second  meeting  at  Chico  and  the  third  at 
San  Jose.  Thereafter  the  places  of  meeting  shall  be  in 
the  order  named  above.  A  special  meeting  may  be  called 
by  tlie  Grovernor  for  the  transaction  of  any  urgent  busi- 
ness atfecting  the  welfare  of  any  or  all  of  the  State  Normal 
Schools.     It  shall  be  the  duty  of  this  joint  board  : 

1.  To  fill  a  vacancy  in  the  presidency  of  any  of  the 
State  Normal  Schools,  and  to  fix  the  s.alaries  of  tlie  presi- 
dents of  the  several  normal  schools  ;  provided,  that  no 
president  of  any  normal  school  shall  participate  or  vote 
upon  the  selection  of  a  president,  or  fix  the  salary  of  any 
president  of  any  of  the  State  Normal  Schools  ; 

2.  To  sit  as  a  Board  of  Arbitration  in  matters  concern- 
ing the  management  of  each  State  Normal  School  that  may 
need  adjustment ; 

3.  To  dismiss  a  teacher  from  either  of  the  State  Normal 
Schools  for  good  and  sullicient  cause  after  having  been 
elected  as  designated  under  section  fourteen  hundred  and 
eighty-nine  of  this  Code  ; 

4.  To  prescribe  a  series  of  text-books  for  use  in  the 
State  Normal  Schools  ; 

5.  To  ])rcscrihe  a  uniform  course  of  study,  and  time 
and  standard  for  graduation  from  the  State  Normal 
Schools  ; 

f).  To  prescribe  a  uniform  standard  of  admission  for 
students  entering  the  noiinal  schools  ; 

7.  The  joint  board  sliall  also  have  the  power  to  pass 
any  general  roifulations  that  may  be  a]»plied  to  all  of  the 
State  Normal  Schools,  thus  affecting  their  well-being  ; 


APPENDIX.  XXXI 

8.  Members  iu  attending  the  meeting  of  tlie  joint 
board  shall  receive  mileage  while  in  actual  attendance 
upon  the  meeting,  the  same  to  be  paid  out  of  any  appro- 
priation made  by  the  Legislature  for  that  purpose ; 

9.  The  Superintendent  of  Public  Instruction  shall  be 
secretary  of  the  joint  board.  The  secretary  shall  keep  a 
full  record  of  all  proceedings  of  the  joint  meetings  of  the 
trustees,  and  shall  notify  the  secretary  of  each  Board  of 
Trustees  of  any  changes  made  iu  the  course  of  study  or 
the  text-books  to  be  adopted. 

1495.  Teachers  holding  valid  certificates  to  teach  in 
any  county  in  this  State,  may  be  admitted  to  any  State 
Normal  School  in  the  State. 

1497.  Every  person  making  application  for  admission 
as  a  pupil  to  the  normal  school  must,  at  the  time  of  mak- 
ing such  application,  lile  with  the  president  of  the  school 
a  declaration  that  be  enters  the  school  to  tit  himself  for 
teaching,  and  that  it  is  his  intention  to  engage  in  teaching 
in  the  public  schools  of  this  State,  or  in  the  State  or  Ter- 
ritory where  the  applicant  resides. 

1501.  The  president  of  each  State  Normal  School  must 
make  a  detailed  annual  report  to  the  Board  of  Trustees, 
with  a  catalogue  of  the  pupils,  and  such  other  particulars 
as  the  board  may  require  or  he  may  think  useful. 

1503.  First — The  Board  of  Trustees  of  each  State  Nor- 
mal School,  upon  the  recommendation  of  the  faculty,  may 
issue  to  those  pupils  who  worthily  complete  full  course  of 
study  and  training  prescribed,  diplomas  of  graduation, 
either  from  the  normal  department,  the  kindergarten  de- 
partment, or  both  ; 

Second — Said  diploma  from  the  normal  department 
shall  entitle  the  holder  thereof  to  a  grammar  grade  cer- 
tificate from  any  city,  city  and  county,  or  county  Board 
of  Education  in  the  State.  One  from  the  kindergarten  ile- 
partment  shall  entitle  the  holder  to  teach  in  any  kinder- 
garten in  the  State  ; 

Third — Whenever  any  city,  city  and  county,  or  county 
Board  of  Education  shall  present  to  the  State  Board  of 
Education  a  recommendation  showing  that  the  holder  of  a 
normal  school  diploma  from  the  normal  department  has 
had  a  successful  experience  of  two  years  in  the  public 
schools  of  this  State,  subsequent  to  the  granting  of  such 
diploma,  the  State  Board  of  Education  shall  grant  to  the 


XXXll  APPENDIX. 

holder  thereof  a  document  signed  by  the  president  and 
secretary  of  the  State  Board  showing  such  fact.  The 
said  diploma,  accompanied  by  said  document  of  the  State 
Board  attached  thereto,  shall  become  a  permanent  certifi- 
cate of  qualification  to  teach  in  any  primary  or  grammar 
school  of  this  State,  valid  until  such  time  as  said  diploma 
may  be  revoked,  as  provided  in  subdivision  thirteen  of 
section  fourteen  hundred  and  eighty-nine  of  this  Code  ; 

Fourth — Upon  presentation  of  the  diploma  and  docu- 
ment referred  to  in  section  fifteen  hundred  and  three,  sub- 
division third  thereof,  to  any  city,  city  and  county,  or 
County  Superintendent  of  Schools,  said  superintendent 
shall  record  the  name  of  the  holder  thereof  in  a  book  pro- 
vided for  that  purpose  in  his  office,  and  the  holder  shall 
henceforth  be  absolved  from  the  requirements  of  subdi- 
vision first  of  section  sixteen  hundred  and  ninety-six  of 
this  Code  ; 

Fifth — Said  diploma  of  graduation  from  any  normal 
school  in  this  State,  when  accompanied  by  a  certificate 
granted  by  the  faculty  of  the  State  University,  showing 
that  the  holder  thereof,  subsequent  to  receiving  said  dip- 
loma, has  successfully  completed  the  prescribed  course  in 
the  pedagogical  department  of  the  State  University,  shall 
entitle  the  holder  to  a  high  school  certificate  authorizing 
the  holder  to  teach  in  any  primary  or  grammar  school,  and 
in  any  high  school  in  this  State,  except  in  those  in  which 
the  holdei-  wouhl  be  required  to  teach  languages  other 
than  English. 

1503.  The  Superintendent  of  Public  Instruction  must 
visit  each  school  from  time  to  time,  inquire  into  its  condi- 
tion and  management,  enforce  the  rules  and  regulations 
made  by  the  board,  require  such  report  as  he  deem  proper 
from  the  teachers  of  the  school,  and  exercise  a  general 
supervision  over  the  same. 


APPENDIX. 


An  Act  establishincf  a  State  Normal  School  in  Sa)i  Diego 
Count}/,  California,  and  makimj  an  appropriation  of 
fifty  thousand  dollars  there/or. 

[Approved  March  13,  1897.] 

The  People  of  the  State  of  California,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

ISection  1.  There  is  hereby  established  in  the  County 
of  San  Diego,  State  of  California,  a  school,  to  be  called 
the  State  Normal  School  of  San  Diego,  California,  for  the 
training  and  educating  of  teachers  in  the  art  of  instructing 
and  governing  in  the  public  schools  of  this  State. 

Sec.  2.  The  Governor  shall,  within  thirty  days  after 
the  passage  of  this  Act,  appoint  five  persons,  who,  with 
the  Governor  and  State  Superintendent  of  Public  Instruc- 
tion, shall  constitute  the  Board  of  Trustees  of  said  State 
Normal  School  of  San  Diego. 

Sec.  3.  The  said  trustees,  as  provided  for  in  section  two 
of  this  Act,  are  hereby  appointed  and  created  trustees  of 
said  State  Normal  School,  with  full  power  and  authority 
to  select  a  site  for  the  permanent  location  of  said  State 
Normal  School  in  the  said  County  of  San  Diego.  Said 
trustees  shall,  within  ninety  days  after  the  passage  of  this 
Act,  examine  the  different  sites  offered  by  the  people  of 
the  said  County  of  San  Diego  for  the  location  of  the  said 
State  Normal  School  buildings,  and  select  therefrom  a 
suitable  location  for  said  State  Normal  School  Imildings  ; 
or  should  there  be  offered  a  proper  site,  with  suitable 
buildings  already  constructed  thereon,  adapted  for  the  use 
of  such  school,  it  shall  be  in  the  discretion  of  such  trustees 
to  accept  such  site  ;  and  the  site  selected  by  them  shall  be 
and  remain  the  permanent  site  for  the  said  State  Normal 
School  of  San  Diego  ;  provided,  that  no  money  shall  be 
expended  for  said  school  until  the  site  selected  has  been 
donated  to  this  State,  and  a  deed  in  fee  simple  of  the  land 
selected  by  the  said  Board  of  Trustees  of  said  State  Normal 
School  shall  be  made  to  this  State. 

Sec.  4.  The  said  State  Normal  vSchool  of  San  Diego 
shall  be  governed  and  regulated  by  the  same  laws  now 
governing  and  regulating  the  other  State  N  ormal  Schools 
of  this  State. 


APPENDIX. 


Se'c,  5.  The  sum  of  fifty  thousand  dollars  is  hereby  ap- 
propriated out  of  any  moneys  of  this  State  not  otherwise 
appropriated,  for  constructing,  furnishing,  and  maintain- 
ing said  State  Normal  School  of  San  Diego. 

Sec.  6.  The  Controller  of  State  is  hereby  authoriEed  to 
draw  warrants  from  time  to  time,  as  the  work  shall  pro- 
gress, in  favor  of  the  said  Boai'd  of  Trustees  of  said  State 
Normal  School  of  San  Diego,  upon  their  requisition  for  the 
same,  and  the  State  Treasurer  is  directed  to  pay  the  same. 

Sec.  7.  The  moneys  hereby  appropriated  therefor  shall 
be  expended  under  the  direction  of  the  said  Board  of  Trus- 
tees of  the  State  Normal  School  of  San  Diego. 

Sec.  8.  This  Act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


SUPREME  COURT  DECISIONS. 


The  city  of  San  Diego,  as  a  municipal  corporation,  has 
no  interest  in  moneys  paid  into  the  county  treasury  to  the 
credit  of  the  school  district  of  the  city  of  San  Diego,  which 
is  a  distinct  corporation,  whose  rights  and  obligations  are 
governed  by  the  Political  Code,  and  not  by  the  city  charter; 
and  the  city  is  not  entitled  to  an  injunction  to  prevent  the 
County  Treasurer  from  paying  a  warrant  drawn  upon  him 
in  payment  of  the  salary  of  the  Superintendent  of  Schools 
of  the  City  of  San  Diego. 
97  Cal.,  442. 

The  power  to  fix  the  salary  of  Superintendent  of  Schools 
of  the  City  of  San  Diego  is  vested  by  Section  1793  of  the 
Political  Code  in  the  Board  of  Education  of  the  city,  which, 
as  a  general  law  regulating  the  public  school  system,  pre- 
vails over  a  provision  of  the  city  charter  directing  the 
Common  Council  to  fix  the  salary. 
97  Cal.,  442. 

Where  the  records  of  the  Board  of  Education  of  a  city 
recite  that  tlie  board  "  went  into  executive  session  for  the 
election  of  teachers  for  the  ensuing  year,"  and  thereupon 
certain  teachers  were  declared  elected,  a  teacher  so  se- 


APPENDIX.  XXXV 

lected,  who  begins  teaching  under  such  authorization,  and 
continues  holding  after  the  expiration  of  the  year  for  two 
years  more  without  any  new  employment,  is  not  elected 
for  life,  subject  to  removal  only  for  cause,  but  maybe  dis- 
missed at  any  time  after  the  expiration  of  the  year. 
97  Cal.,  606. 

The  ignorance  of  the  teacher  as  to  the  term  of  her  em- 
ployment being  fixed  for  one  year  only,  and  her  honest 
supposition  that  she  held  a  life  position,  cannot  avail  her, 
to  prevent  a  dismissal  l)y  the  Board  of  Education,  or  to 
compel  payment  of  salary  after  such  dismissal. 
97  Cal.,  606. 

If  it  be  conceded  that  the  Board  of  Education  had  no 
power  to  elect  a  teacher  for  a  year,  an  election  for  a  year 
cannot  constitute  an  election  for  life,  but  a  void  election 
would  be  no  election,  and  she  would  hold  the  position  at 
the  mere  pleasure  of  the  Board,  subject  to  be  discharged 
at  any  time. 

97  Cal.,  606. 

A  school  district  may  secure  funds  to  purchase  a  lot  and 
build  a  school-house  thereon  either  by  direct  tax  or  by 
issuance  and  sale  of  bonds,  but  in  either  case  it  can  only 
do  so  after  a  vote  of  the  district  to  that  effect,  and  the 
question  of  the  buying  of  a  lot  and  the  building  of  a  school- 
house  should  properly  be  submitted  to  the  voters  jointly 
with  the  question  of  the  issuance  of  bonds  or  voting  of  the 
tax. 

102  Cal.,  184. 

A  notice  of  election  in  a  school  district  must  clearly  state 
the  particular  place  where  the  election  is  to  be  held,  and 
where  the  notice  is  so  contradictory  and  misleading  that  it 
failed  to  satisfy  the  statute,  the  election  is  void. 
102  Cal.,  184. 

The  force  of  the  word  * '  exclusively, "  as  used  in  Section 
6  of  Article  IX  of  the  Constitution,  is  directed  to  the  point 
that  the  State  school  funds  must  only  be  applied  to  the 
support  of  primary  and  grammar  schools,  to  the  exclusion 
of  the  other  classes  of  schools  which  may  be  established  by 
the  Legislature,  or  by  municipal  or  district  authority. 
104  Cal.,  60. 


XXXVl  APPENDIX. 

The  P'^M'd  of  Education  can  pass  no  rules  in  contraven- 
tion of  the  statutory  provisions  securing  to  a  teacher  a  I 
position  of  the  same  grade  and  compensation,  when  trans- 
ferred, or  after  a  leave  of  absence. 
107  CaL,  92. 

The  kindergarten  system,  when  adopted,  is  to  be  re- 
garded as  part  of  the  public  primary  schools  of  the  school 
district. 

107  CaL,  92. 

It  is  not  essential  that  the  teacher  of  the  kindergarten 
classes  must  have  a  certificate  authorizing  her  to  teach  the 
whole  primary  school  course  before  she  can  be  eligible  to 
employment  as  a  teacher  in  the  kindergarten. 
107  Cab,  92. 

The  funds  provided  for  the  use  of  grammar  and  primary 

schools  can  be  applied  to  the  payment  of  the  salary  of  a 

teacher  in  the  kindergarten  classes  in  such  schools. 

107  Cab,  92. 

An  applicant  to  a  County  Board  of  Education  for  a 
grammar  grade  certificate  as  a  teacher  in  the  public  schools 
of  the  county,  who  has  upon  examination  held  in  accord- 
ance with  the  rules  of  the  Board  been  found  by  it  to  be 
proficient  in  all  tlie  studies,  subjects  and  matters  required 
by  law  and  the  rules  of  tlie  Board  to  entitle  him  to  the 
certificate,  and  to  be  of  good  moral  character,  acquires  a 
right  to  such  certificate,  and  the  Board  has  no  discretion 
to  refuse  its  issuance. 
109  Cab,  146. 


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